: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.753 OF 2007 ALONGWITH CIVIL APPLICATION NO.1056 OF 2007 Govind Bhikhaji Neman & Anr. .. Appellants V/s. The Municipal Corporation of Greater Mumbai & Anr. .. Respondents Ms. Trupti P. Rangnekar for the Appellants. Smt. K.K. Soraan for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 20 TH JANUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against the order dated 30th November, 2006, passed by the City Civil Court, Bombay, in Notice of Motion in L.C. Suit No.3229 of 2005, whereby the Notice of Motion filed by the appellants herein has been dismissed. The prayer in the Notice of Motion is that the appellants should not be evicted from the suit property without following due process of law. The Notice of Motion has been dismissed for several reasons. Admittedly, the appellants still continue to be in the suit premises. : 2 : 2. The only order that is being sought by the appellants is that they should not be evicted from the suit property without following due process of law. 3. In these circumstances, the Notice of Motion taken out in L.C. Suit No.3229 of 2005 is made absolute in terms of prayer (a). 4. The respondent No.1-Municipal Corporation will not evict the appellants from the suit property without following the due process of law. 5. The Appeal from Order is disposed of. 6. In view of the above, Civil Application No.1056 of 2007 pending in the Appeal from Order does not survive and the same is dismissed. .......