1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 689 OF 2009 Tushar Mansukhlal Sanghavi & ors. ... Appellants v/s Municipal Corpn. Of Gr. Mumbai & ors. ... Respondents Mr.R.A.Thorat for the appellants. Mr.J.J.Xavier for the Corporation. CORAM: SMT.NISHITA MHATRE, J. DATED: 17TH FEBRUARY, 2010 P.C.: 1. The present appeal from order has been preferred against the order dated 25.6.2009 by which interim relief granted to the appellants was revoked and the notice of motion has been dismissed. The main contention of the appellants is that they should not be evicted from the suit premises till they are given temporary alternate accommodation while the market is being redeveloped. 2. After the arguments were heard for some time, on instructions from Mr.V.S.Poyrekar, Head Inspector, “P” 2 Ward, the learned advocate for the Corporation agrees that, the Corporation will not act on the noticesdated 18th December, 2008 impugned in the suit. The learned advocate for the Corporation also makes a statement that the appellants may continue in the same premises till the Corporation desires them to shift to the alternate premises which may be for a temporary period or the permanent premises. The Corporation will issue a notice to the appellants requiring them to shift within seven days from the date of notice to the alternate premises. 3. The learned advocate for the appellants has submitted the undertakings furnished by each of the appellants. They have undertaken that they would relocate to different premises for a temporary purpose. They have further undertaken that as soon as permanent alternate accommodation is offered to them in Sainath Municipal Market, they would shift there within a reasonable time. 4. The undertakings furnished by the appellants are accepted. However, it is made clear that as soon as the permanent alternate accommodation is offered to he appellants in Sainath Municipal Market, they shall shift to those premises within 15 days of the offer being made by the Corporation. 3 5. Appeal from order stands disposed of accordingly along with Civil Application No.861 of 2009. ..... 4