IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1923 OF 2008 IN FIRST APPEAL NO.584 OF 2001 Surendra S. Somani and ors. ..Applicant. Vs. Satyanarayan Patwa and ors. ..Respondents. Mr. G.S.Godbole i/by S.M. Kazi for the Applicant Mr.K.S. Mishra for the Respondents. CORAM: R.S. MOHITE, J. DATE : 18th October,2008 P.C. P.C. P.C. 1. Matter is heard for some time. It appears that the this application is for vacating the order of stay which was passed after hearing both the sides. It is stated that after the stay was granted on 26.9.2001, some additional unauthorised construction was effected by the respondents some time in November/December, 2007. It is seen that at the behest of the applicants, notice U/s. 351 of the BPMC Act has been issued by the BMC and that has been challenged by the respondents by filing a Suit No. 3/2008 in the City Civil Court. The City Civil Court has granted injunction and the Notice of Motion No.38/2008 is pending. The Advocate for the applicant states that since the finding in the said notice of motion will have a bearing to this application, at this stage, his client seeks to withdraw the application with liberty to file fresh application after the aforesaid motion is disposed off. Hence, application is disposed off as withdrawn, with liberty as sought. ( R.S. MOHITE, J.)