- 1 - fr.914.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.914 OF 2011 with CIVIL APPLICATION NO.1210 OF 2011 Damji Umarshi Savla ... Appellant vs Municipal Corporation of Gr.Bombay. Respondents Mr.Manoj Shukla i.b. Mr.S.R.Dube for Appellant Ms.K.K.Soran for Respondent CORAM: J.H.BHATIA, J DATE: 12 th August , 2011 P.C. 1. Heard learned counsel for the parties. The Appeal is preferred by the original Plaintiff against refusal of ad interim relief pending the Notice of motion. According to the plaintiff, notice has been issued by the Municipal Corporation under section 351 of the Mumbai Municipal Corporation Act that he has enclosed the balcony of living room and kitchen with sliding windows and M.S grills. An order has been passed to remove the same. The learned counsel for the Plaintiff points out that the Plaintiff was inducted as a tenant in the suit premises in the year 1966 and at that time also MS grills were there. According to him, the sliding - 2 - fr.914.11 windows do not amount to enclosures and it also does not require any permission. Taking into consideration the alleged violation and the enclosures in my opinion, it would be necessary to hear the Notice of motion itself on merits after giving an opportunity to the Municipal Corporation to file a reply. As the original sanctioned plan may be available with the landlords the plaintiff may be directed to implead the landlord also as a party in the suit. 2. Therefore, Appeal and Application stands disposed of with following directions: (i) The Plaintiff shall implead his landlords as defendants in the suit and serve him within three weeks so that the landlords may file their reply within three weeks thereafter. The Municipal Corporation shall also file a reply and/or written statement within four weeks after the reply is filed by the landlords. ii) The trial Court shall hear and dispose of the Notice of motion within six weeks thereafter. Till decision of the Notice of motion, parties shall maintain status quo. J.H.Bhatia, J - 3 - fr.914.11 J.H.BHATIA, J - 4 - fr.914.11