1 AO-812.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.812 OF 2009 M/s. Kriyaan Enterprises & Ors. .... Appellants Vs. Municipal Corporation of Greater Mumbai & Ors. .... Respondents Shri Saieed Mulani for the Appellants. Ms K.K. Soraan for Respondent-BMC. S/Shri V.A. Thorat, Senior Counsel with Tushar Goradia for Respondent Nos.2 and 3. CORAM: R.C. CHAVAN, J. DATED: AUGUST 03, 2010 P.C: Learned counsel for the original defendant Nos.2 and 3 states that defendant No. 3 died on 9-7-2010, after the matter was heard but before the judgment was pronounced. In paragraph 25 of the judgment, therefore, a modification is required. Defendant No.2 shall file an undertaking on oath before the trial Court as directed in paragraph 25 and after the LRs of defendant No.3 are brought on the record of the trial Court, they shall file a like 2 AO-812.09 undertaking within a period of four weeks. Since the matter had to be placed before this Court for this clarification, time for defendant No.2 to file the undertaking is extended by one week. The prohibition for proceeding further with the developmental activities will come to an end on defendant No. 2 filing an undertaking and if the heirs of defendant No.3, after they are brought on the record, do not file an undertaking within the period of four weeks, the prohibition shall again be clamped. Order accordingly. (R.C. CHAVAN, J.)