1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.411 OF 2009 WITH CIVIL APPLICATION NO. 496 OF 2009 Mr. Gajanan K. Patil ....Appellant Versus The Municipal Corporation of Greater Mumbai & Anr. ....Respondents. Mr. A.M. Saraogi, ld. Counsel i/b. Ms.Kavita Gandhi for the Appellant. Ms. K.K.Soraan, ld. Counsel for the Respondent No.1-BMC. CORAM : R. V. MORE, J. DATED : 29TH APRIL, 2009. P.C. Mr.Saraogi, learned Counsel for the Appellant, seeks leave to withdraw the Appeal from Order with liberty to file representation with Respondent No.1-BMC for regularisation of the offending notice structure. 2. Ms. Sorran, learned Counsel for the Respondent No.1-BMC has no objection if the Appellant is allowed to file representation for regularisation of the offending notice structure. 3. In view of these statements made by the learned Counsel for 2 the respective parties, leave to withdraw the Appeal from Order with liberty to file representation, is granted. The Appeal from Order is diposed of, as withdrawn. 4. In the event of Appellant filing the Representation within the period of three weeks from today, the Respondent No.1-BMC shall decide the same within the period of eight weeks thereafter. 5. The notice under section 351 of the BMC Act initially was given to the landlord in the year-2002. Inspite of the refusal of protection by the Trial Court, Mr. Saraogi, learned Counsel for the Appellant, submits that the offending notice structure is not yet demolished. This statement is not disputed by Ms.Sorran, learned Counsel for the Respondent No.1-BMC. In that view of the matter, the parties shall maintain status-quo regarding offending notice structure for the period of twelve weeks from today. 6. Needless to mention that the representation shall be decided independently in accordance with law and the relevant policy and this Order should not be construed as direction to Respondent No.1-BMC to regularise the offending notice structure. 7. In view of the disposal of the Appeal from Order, the Civil Application No.496 of 2009 will not survive and therefore, the same is disposed of. (R. V. MORE, J.)