- 1 - ao887.ca117 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.887 OF 2011 WITH CIVIL APPLICATION NO.1170 OF 2011 Paresh Devraj Vira & anr .. Appellants vs Municipal Corporation of Gr. Mumbai & ors .. Respondents Mr.A.R.Pande for Appellants Ms.K.K.Soran for Respondent No.1 Ms.V.S.Mhaispurkar AGP for Respondent No.2 Mr.S.C.Shukla i.b Mr.R.P.Ojha for Respondent No.3 Mr.Pankaj P.Meher Jr.Engineer present CORAM: J.H.BHATIA, J DATE: 8 th August,2011 P.C. 1. Heard learned counsel for the appellant. The Appeal is preferred by the original plaintiff against refusal of ad-interim relief in a Notice of Motion taken out by them. The contention of the plaintiff is that they had just made fencing of tin sheets/patra around their property for its - 2 - ao887.ca117 protection and no other construction has been made. As the Municipal Officers threatened to demolish the same, they filed a suit and sought an injunction to the effect that the Municipal Corporation should not demolish it without following due process of law. 2. Learned counsel for the respondent- Municipal Corporation after taking instructions from the concerned Officer Mr. Pankaj P.Meher Junior Engineer (B &F) T Ward, Mumbai Municipal Corporation, who is present before the Court, concedes that no notice has been issued by the Municipal Corporation either to show cause or to demolish. She also makes a statement that the Municipal authorities shall follow the due process of law in the matter. Statement is accepted. In view of the statement, learned counsel for the Appellant-Plaintiff - 3 - ao887.ca117 seeks to withdraw the Appeal and the Application as well as the L.C.Suit (St) No. 1813 of 2011. 3. In view of this, Appeal, Application as well as Suit filed before the Trial Court stand disposed of as withdrawn. J.H.Bhatia, J