1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3277 OF 2008 IN FIRST APPEAL (St.) NO. 14208 OF 2008 Neel Nandini `B' Co-op.Hsg. sty.& ors........Applicants versus Mun.Corpn.of Gr. Mumbai & ors........ Respondents. Mr. J.J. Bhatt with Sanjay Jain adv. for the Applicants Mr. A.C. Singh i/b. D.R. Shah adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 24th MARCH, 2009. P.C.: 1. The present application is moved by the original defendant nos. 2 and 3. The defendants have converted two residential flats situated at the ground floor of the building for commercial use. However, the trial court has recorded a finding against the applicants that the change of user is impermissible. Hence it would be just and proper to permit the applicants to use the residential flats for residential purpose only. In the result, the application is allowed only to the extent that the two residential flats on the ground floor can be used for the residential purpose only. Even this is objected by the respondent by contending that under the grab of using the said flat for the residential purpose, the applicant may start the commercial activity. There is no basis 2 for the said apprehension. It is further made clear that if and in case the applicants start using the premises for any other purposes than residential, it shall be open for the respondent to apprach this court with an appropriate prayer. Civil Application is disposed of. A further statement is made by the learned counsel for the applicant that the covered stilt portion shall not be used during pendency of the appeal. The statement is accepted. Hence no orders are necessary to be passed in that regard. (A. P. DESHPANDE, J.)