1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 697 OF 2009 WITH CIVIL APPLICATION NO. 872 OF 2009 Roopchand Harbansram Suryavanshi ... Appellant v/s Mumbai Municipal Corpn. Of Gr. Mumbai ...Respondent Mr.Prem S. Gidwani for the appellant. Smt.K.K.Soraan for the Corporation. CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH FEBRUARY, 2010 P.C.: 1. The impugned order has been passed on a notice of motion filed by the plaintiff. This notice of motion was filed for interim injunction against the Corporation restraining it from acting pursuant to the notice issued by it under Section 351 of the Mumbai Municipal Corporation Act and the order passed thereafter. The notice speaks of “unauthorized construction of B.M. walls, in vertical direction with M.S.I- sections and A.C. Sheet roofing.” The order passed on 2 15.7.2008 by the Assistant Engineer (Building & Factory), H/East, directs the plaintiff/appellant to remove the unauthorized construction of the mezzanine floor. The City Civil Court has also observed that the plaintiff was not permitted to erect a mezzanine floor and, therefore, it was unauthorized. However the City Civil Court has not taken into consideration the fact that the notice issued under Section 351 of the Mumbai Municipal Corporation Act, which was challenged by the plaintiff, was in respect of unauthorized construction of vertical walls etc. A mezzanine floor is not mentioned in the notice. 2. The Corporation has not filed its reply/written statement as yet. Therefore, in my view, it would be appropriate to dispose of the appeal from order in the following terms:- (i) The Corporation shall file its reply/written statement within four weeks from today. (ii) The rejoinder, if any, to be filed within two weeks thereafter. (iii) The City Civil Court will dispose of the Notice of Motion No.1480 of 2008 within eight weeks thereafter. 3 (iv) Till then the status-quo as of today be maintained with respect to the suit structure. 3. Appeal from order stands disposed of accordingly along with the civil application. ..... 4