IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION FIRST APPEAL NO. 1374 OF 2008 FIRST APPEAL NO. 1374 OF 2008 FIRST APPEAL NO. 1374 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 2212 OF 2008 CIVIL APPLICATION NO. 2212 OF 2008 CIVIL APPLICATION NO. 2212 OF 2008 IN S.C. SUIT NO. 4425 OF 2005 M/s. Everest Fincap Pvt.Ltd. ... Appellant Vs. Laiq Ahmed Abdul Majid Ansari ... Respondent Mr. S.K.Chaturvedid, Advocate i/b. M/s. Chaturvedi & Associates, for the appellant. Mr. Dhaval Mehta, Advocate i/b. D.M.Legal & Associates, Advocates, for the respondent. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 10th July, 2008. DATE: 10th July, 2008. DATE: 10th July, 2008. P.C. P.C. P.C. 1 Heard Mr. Chaturvedi, the learned Counsel for the appellant/defendant and Mr. Dhaval Mehta, the learned Counsel for the plaintiff/respondent who is also present in the Court. 2 The learned Counsel for both the parties make a statement that without giving any reasons, the Appeal may be disposed of by passing the folowing order :- (1) Para 3 of the impugned order dated 9.10.2007 in S.C. Suit No.4425 of 2005 shall stand modified as follows :- The defendant is hereby restrained from carrying on any construction activity without obtaining necessary permission for construction from the Municipal Corporation. Whenever it makes an application to the Municipal Corporation for such permission, immediately it shall inform the plaintiff about such application for permission. The Municipal Corporation shall consider to sanction such construction plan strictly as per the Development rules, after giving an opportunity to the plaintiff of being heard. The Municipal Corportion shall take into consideration objections, if any, which may be raised by the plaintiff before granting approval to the construction plan on the plot. 3. The Appeal is partly allowed and disposed of accordingly. 4. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)