1 ao979-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.979 OF 2010 ALONGWITH CIVIL APPLICATION NO.1191 OF 2010 Dr.Purshotam Nainani & Anr. .. Appellants V/s. Municipal Corporation of Greater Mumbai .. Respondent ..... Mr. A. M. Saraogi for the appellants. Ms. K. K. Soraan for the respondent – BMC. ..... CORAM : A. S. OKA, J. DATE : MARCH 31, 2011. P.C.:­ Heard the learned counsel appearing for the parties. The learned counsel appearing for the appellants invited attention of the Court to the application made by the appellants for change of user which is addressed to Assistant Engineer (Building Proposals Department) of the respondent. He pointed out that necessary documents have been filed alongwith the said application. He stated that by communication dated 4th September, 2010, the Executive Engineer (Building Proposals) called upon appellants to file certain documents. He states that some of the documents are filed and the 2 ao979-10 rest of the documents will be filed within a period of six weeks from today. 2. The learned counsel appearing for the appellants submitted that he may be permitted to withdraw the Appeal From Order and the suit, but, Executive Engineer (Building Proposals) may be directed to decide the application within a specified time and ad­ interim relief granted by this Court may be extended for a reasonable time. The respondent stated on instructions that after the necessary documents are submitted by the appellants, the application will be decided within four weeks from the date of submission of the documents. 3. Hence, I pass the following order : :: O R D E R :: i. L.C. Suit No.1337 of 2010 and Appeal From Order No.979 of 2010 are dismissed as withdrawn. ii. The requisite documents as per communications 3 ao979-10 dated 4th September, 2010 and 23rd December, 2010, shall be submitted by the appellants to the Executive Engineer (Building Proposals), Bandra West, Mumbai within a period of four weeks from today. iii. The Executive Engineer (Building Proposals) Western suburb Bandra, Mumbai shall be decide the application for permission for change of user within a period of four weeks from the date of which the documents are submitted by the appellants. iv. If the appellants fail to submit the necessary documents within a period of four weeks from today, the Executive Engineer (Building Proposals) Bandra West, Mumbai shall decide the application on the basis of the available material within the time stipulated mentioned in this order i.e. within the period of four weeks from the date of expiry of period of four weeks from today. v. The order passed on application for change of user shall be communicated to the appellants within a period 4 ao979-10 of one weeks from the date of passing the order. vi. Ad­interim relief granted by this Court on 6th December, 2010, shall continue to operate till the order passed on the application for change of user is communicated to the appellants. In the event, the said order is adverse to the appellants, the ad­interim relief shall continue to operate for the period of six weeks from the date on which order is communicated to the appellants. vii. All contentions of the parties regarding the merits of the case as regards the application for change of user by the applicants are kept open and the same shall be decided on its own merits. viii. Civil Application No.1191 of 2010 does not survive and the same is disposed of. JUDGE