1 srk app-1165-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1165 OF 2010 IN NOTICE OF MOTION NO.1236 OF 2010 IN SUIT NO.1081 OF 2010 Anita Manoj Surve and another. ... Appellant Versus Mukesh P. Ajmera and others. ... Respondents Mr.P.G. Lad for the appellant. Mr. S.I. Menon for respondent Nos.4 and 5. Mr. H.C. Pimple for MCGM. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Tuesday, March 01, 2011 P .C. At the oral request of the learned counsel for the appellant-original plaintiff, leave to add Municipal Corporation of Greater Mumbai as respondent No.6 in this appeal and also in Suit No.1081 of 2010. 2. Notice to the newly added party, returnable forthwith. 3. Mr. H.C. Pimple, advocate appears and waives service for the newly added party. 4. Having regard to the facts and circumstances of the case, we are of the view that interests of justice will be served if the appeal is disposed of with the direction that upon the appellant making a representation to the Commissioner, Municipal Corporation of Greater Mumbai in respect of the subject matter of this appeal, particularly about the impact of construction being carried on by the 2 srk app-1165-10.sxw respondents-defendants on CTS No.460/6 in village Pahadi, Goregaon, Mumbai on the appellant's existing construction in Laxman Jeeva Chawl, I.B. Patel Road, Goregaon (East), Mumbai within one week from today, the Deputy Municipal Commissioner (Special) will decide the representation. The said officer will decide the appellant's representation as expeditiously as possible and in any case within six weeks from the date of receipt of the representation and communicate the same to the appellant within one week thereafter. For rendering his decision on such representation, the said officer shall visit the site personally after giving an advance intimation to the appellant and the respondents. 5. For this purpose, it will be appropriate that the said officer gives notice to the parties to this appeal through their respective counsel who are before this Court. 6. This order is passed in view of the assurance being given by the learned counsel for the appellant-plaintiff that the appellant will withdraw Civil Suit No.355 of 2011 pending before the Bombay City Civil Court at Dindoshi. 7. The learned counsel for the appellant further states that all the pending proceedings which the appellant has taken out against respondent Nos.4 and 5 i.e. Sanjay P. Walia and M/s. Walia Realtors Pvt.Ltd. respectively shall be withdrawn by the appellant as against the said parties. The appeal is accordingly, disposed of in the above terms. CHIEF JUSTICE S.J. VAZIFDAR, J.