1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 5294 OF 2010 ALONG WITH CIVIL APPLICATION NO. 882 OF 2010 Mahinder Kaur Gandhi & anr. ... Appellants v/s The Municipal Corpn. Of Gr. Mumbai. ... Respondent Mr.S.J.Ghogare for the appellants. Mr.Vinod Mahadik for the Corporation. CORAM: SMT.NISHITA MHATRE, J. DATED: 25TH MARCH, 2010 P.C.: 1. The first appeal has been preferred to challenge the judgment and order of the Trial Court dismissing the suit filed by the appellants/plaintiffs. 2. The appellants had challenged the notice issued to them under Section 351 of the Mumbai Municipal Corporation Act. The Trial Court has found that the notice has been validly issued and the structure is unauthorized. In 2 my opinion, there is no need to interfere with the decree passed by the Trial Court as all the questions which have been raised before it, have been considered by it meticulously. On appreciating the evidence on record, the Trial Court has rightly dismissed the suit. 3. The first appeal is, therefore, dismissed. 4. Mr.Ghogare appearing for the appellants seeks permission to apply for regularization of the structure mentioned in the notice under Section 351 of the Mumbai Municipal Corporation Act. 5. In case such an application is made to the Corporation within two weeks from today, the Corporation shall consider the same in accordance with law within four weeks from the receipt of the application. The suit structure shall not be demolished till then and for a period of two weeks after communicating the order to the appellants. In case the application is not filed within two weeks, the decree can be executed by the Corporation. 7. The aforesaid order is based on the statement of Mr.Ghogare that the structure is not demolished so far by the 3 Corporation. In case it is already demolished, the question of regularization of the structure does not arise. ..... 4