: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.33 OF 2010 ALONGWITH CIVIL APPLICATION NO.43 OF 2010 Dilip B. Madhavani .. Appellant V/s. The Municipal Corporation of Greater Mumbai, Mumbai .. Respondents Mr. P.S. Dani i/b. Mr. D.J. Lulia for the Appellant. Mr. A.Y. Sakhare, Sr. Advocate, with Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 20 TH JANUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against the order dated 7th January, 2010, passed by the City Civil Court, Bombay, rejecting the Notice of Motion in L.C. Suit No.27 of 2010 taken out by the appellant. 2. For the reasons stated in the Appeal from Order No.29 of 2010, this Appeal from Order is allowed. : 2 : 3. The liberty granted to the respondent-Municipal Corporation in Appeal from Order No.29 of 2010 is also granted to the respondent-Municipal Corporation in this Appeal from Order. 4. In view of the above, Civil Application No.43 of 2010 pending in the Appeal from Order does not survive and the same is dismissed. .......