1 AO-614-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 614 OF 2011 WITH CIVIL APPLICATION NO. 844 OF 2011 in NOTICE OF MOTION NO. OF 2011 IN S.C.SUIT NO. 1216 OF 2011 Neha Siddharth Amin & Anr. ... Appellants (Orig. Plaintiffs) Vs. Mumbai Municipal Corporation of Greater Mumbai. .. Respondent (Orig. Defendant) Mr. G.S. Hegde i/. Mr. S.M.Shukla, Advocate, for the appellants. Mrs. K.K.Soraan, Advocate, for the respondent - BMC. CORAM: J.H.BHATIA,J. DATE : 2nd August, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The original plaintiffs have preferred this Appeal against the refusal of ad-interim relief pending the Notice of Motion in Suit No.1216 of 2011. The defendant/respoondent Municipal Corporation had issued notice under Section 2 AO-614-11.sxw 351 for removal of the unauthorised covering of the terrace on the 5th floor. The learned Counsel for the plaintiffs points out from the agreement for sale dated 19.4.2001 that the present plaintiffs had purchased the premises, being Unit No. 502 on the 5th floor with enclosed terrace in Milan Industrial Estate building from the earlier owner. The building belongs to Milan Industrial Estate Co-op. Society. It appears that the building was constructed in the year 1981. The learned Counsel for the plaintiffs contended that the Society is also charging certain maintenance charges for the covered terrace. He contends that there are some other covered terraces on the same floor and, according to him, in two other similar matters, the trial Court had granted ad-interim relief. It appears that the Notice of Motion is still pending and the Municipal Corporation has not filed any reply. Possibly, the original sanctioned plan and other documents will be required for the purpose of deciding the Notice of Motion. Therefore, in my opinion, the following directions will meet the ends of justice. The defendant-Municipal Corporation shall file reply and/or written statement within six weeks and the trial Court shall expedite the hearing and dispose of the Notice of Motion within six weeks thereafter. Till disposal of the Notice of Motion, the Municipal Corporation shall not act upon the impugned notice and the order. Both the parties to maintain status quo till then. 3 AO-614-11.sxw Appeal and the Application stand disposed of accordingly. (J.H.BHATIA,J.)