-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2386 OF 2009 Jaikumar Gupta ....Petitioner vs. Ashok K. Shah and others ....Respondents Mr. A.C. Singh, instructed by Mr.D.R. Shah, for the petitioner. Mr. J. Reis with Mr. Niranjan Pandit, instructed by Mr. V.A. Singh for respondent Nos. 1 and 2. Ms. Komal Punjabi for respondent No.3. CORAM: P.B. MAJMUDAR & MRS. MRIDULA BHATKAR , JJ. DATE: NOVEMBER 18, 2010. P.C. The grievance of Respondent Nos. 1 and 2 is that though they are the owners of the offending structure, notice under Section 351 of the B.M.C. Act has been issued to respondent No.4 and not to them. Learned counsel for the Corporation states that notice has been issued to respondent No.4 and final order is also passed. However, with a view to see that Respondent Nos. 1 and 2 should not have any grievance in future in this behalf, we direct the Corporation to issue notice under Section 351 of the B.M.C. Act to respondent Nos. 1 and 2 within a period of two weeks from today and after considering the objection, appropriate order may be passed regarding the offending structure, within a period of three weeks thereafter. At the time of passing of the order, -2- whatever be the say of the respective parties, the same may be taken into consideration. This Court has not adjudicated the rival claims in any manner and this order is passed on the presumption that there is no order of status quo granted by the City Civil Court in the pending suit. It is directed that respondent Nos. 1 and 2 will allow the Officers of the Corporation to inspect the premises and will not create any hindrance. The Officer of the Corporation may give advance intimation of 24 hours to respondent Nos.1 and 2 and even if they create any hindrance, it will be open to the Corporation to seek police help for inspection of the premises. The argument of Mr. Reis appearing for respondent Nos.1 and 2 is recorded that his clients were co-operating all throughout. Needless to say, the Corporation to act in accordance with law. 2. Subject to what is stated above, the petition is disposed of. P. B. MAJMUDAR, J. MRS. MRIDULA BHATKAR, J.