1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.982 OF 2009 WITH CIVIL APPLICATION NO.1335 OF 2010 Venkatesh Ramanna Prabhu ...Appellant. v. The M.C.G.M. And Anr. ...Respondents. Mr.J.S.Kini i/by Suresh Dubey, advs. for the Appellant. Mr.Uday Bobade i/by Ms Sunita R. Tiwari, advs., for the respondent No.2. CORAM : J.H.Bhatia, J. DATE : 27th September, 2010 P.C.: 1 With consent of the learned counsel for all the parties, appeal and the application may be disposed off with the following directions: (i) If the Municipal Corporation has not already filed written statement in L.C.Suit No.21 of 2009, it shall file written statement before the trial Court within four weeks from this date. The trial Court shall expedite the hearing of the suit and dispose off the same as early as possible and preferably by the end of March, 2011. There shall be status-quo in respect of impugned notice under Section 351 by the Municipal Corporation to the plaintiff/appellant till the 2 disposal of the suit. (ii) In view of the notice under Section 354 issued by the Municipal Corporation to the defendant no.2/applicant in the civil application, plaintiff/appellant shall vacate the premises on 4th October, 2010 for the purpose of carrying out repairs by the landlord. The landlord/defendant no.2 shall complete the repairs within three months and shall put plaintiff back in possession of the premises, which are in his possession at present, on 4th January, 2011. Status- quo granted in favour of the plaintiff shall be subject to this order. (iii) All the contentions of the parties in respect of notice under Section 351 are left open to be decided by the trial Court. 2 With these directions, appeal and the application stand disposed off. (J.H.BHATIA, J.) 3