1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.596 OF 2009 WITH CIVIL APPLICATION NO.722 OF 2009 Liyakat Ali Mansury ...Appellant. v. Vishnu Hari Degwekar & Ors. ...Respondents. Mr. H.S.S.Murthy i/by Vikrant K. Narkar, advs. For the Appellant. Dr. Birendra Saraf i/by IC Legal, adv. For the Respondent No.2. Smt. K.K.Soran for the Respondent No.3/B.M.C. CORAM : J.H. BHATIA, J. DATED : APRIL 20, 2010 P.C. 1 After some discussion at the bar and with consent of the parties, appeal stands disposed off with the following directions: i The plaintiff/appellant shall file a suit before the Small Cause Court within 12 weeks from this date in respect of his claim against the landlord/builder. Status-quo in respect of structure presently in occupation of the plaintiff/appellant shall be maintained for a period of 18 weeks from this date. In case, such a suit is filed with an application for temporary injunction, such application shall be disposed off by the trial Court as far as possible within six weeks. In case, such application is not disposed off within the stipulated period, the 2 protection given by this order shall continue till the disposal of that application. 2 The Municipal Corporation shall act in respect of the rights of the plaintiff vis-a-vis disputed property as per the decision/direction of the Small Cause Court. In view of the letter dated 30.1.2009 issued by the Executive Engineer (Building) Proposals , built-up area of the land component of the garage is kept unutilised in new building and building completion certificate will not be considered till the finalisation of the Court matter or till the claim of the plaintiff is rejected by the Small Cause Court. Municipal Corporation shall not issue building completion certificate to the defendant nos.1 and 2 as long as there is any injunction operating in favour of the plaintiff. (J.H. BHATIA,J.)