:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.770 OF 2007 APPEAL FROM ORDER NO.770 OF 2007 APPEAL FROM ORDER NO.770 OF 2007 WITH WITH WITH CIVIL APPLICATION NO.1073 OF 2007 CIVIL APPLICATION NO.1073 OF 2007 CIVIL APPLICATION NO.1073 OF 2007 Shri Sanjay Jagannath Surve & Ors. ...Appellants. v. The Municipal Corporation of Gr. Mumbai...Respondent. Mr.Paresh S. Madkaikar , adv. for the Appellant. Mr.Kunal Cheema a/w Veena Shinde, advs. for the Intervenors (Respondent nos.2 to 6 to be added). Mrs.Geeta Joglekar, adv. for the Respondent No.1. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 7th February, 2008. DATE: 7th February, 2008. DATE: 7th February, 2008. P.C. P.C. P.C. 1. Allowed to implead the applicants in Chamber Summons No.1083 of 2007 as respondent nos.2 to 6 in the present appeal. Amendment be effected immediately. With consent of the learned counsel for the appellants and all the respondents including those, who are now impleaded, appeal stands disposed off with the following directions: (i) As and when respondent nos.2 to 6 or any other person seek permission from the Municipal Corporation for installation of Mandaps for the purpose of carrying on business of Ganesh Idols, etc. in front of or near Ameya Co-operative Housing Society (Proposed) situated :2: opposite Ganesh Talkies, Sane Guruji Marg, Lalbaug, Mumbai, the respondent no.1 shall give notice of the same to the plaintiffs and shall give them opportunity of being heard before any decision on such application is taken. In case, the permission is granted in favour of the respondent nos.2 to 6 or such other person, the respondent no.1 shall supply copy of that order to the plaintiffs or anyone of them atleast one week before the installation of such Mandaps. (ii). Plaintiffs shall appear before the trial Court and withdraw the suit. 2. All the contentions, which are raised by the plaintiffs in suit may be raised before the respondent no.1 and the respondent no.1 shall consider those objections before taking any decision on the applications, which may be moved by the respondent nos.2 to 6 or any other person. The respondent no.1 shall not be influenced by any observations made by the trial Court while disposing off the Notice of Motion. 3. As the appeal itself is disposed off, Civil Application does not survive and stands disposed off accordingly. :3: (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)