1 AO-800-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 800 OF 2011 WITH CIVIL APPLICATION NO. 1056 OF 2011 IN NOTICE OF MOTION NO. 1556 OF 2011 IN L.C. SUIT NO. 1463 OF 2011 Pankaj Anrajji Punamiya & Anr. ... Appellants (Org. Plaintiffs vs. Municipal Corporation of Greater Mumbai & Anr. ... Respondents Mr. Satyam Vaishnav i/b. M/s. N.N.Vaishnav & Co.,Advocates, for the appellants Mrs. K.K.Soraan,Advocate for the respondents. Mr. R.M.Bhatia, Sub-Engineer M/West Ward, MCGM present in Court. CORAM: J.H.BHATIA,J. DATE : 26th July, 2011. P.C. 1. The learned Counsel for the defendants/respondents Municipal Corporation, on instructions from Mr. R.M.Bhatia, Sub-Engineer, M/West Ward, MCGM, makes a a statement that the officer had personally visited the spot and he found that the unauthorised merger of Otla portion into a living room at the front side and merging of Otla at rear side into the kitchen by removing the internal 2 AO-800-11.sxw walls as shown in the notice dated 16.6.2011 have been restored to the original position and therefore to that extent notice has been complied. Learned Counsel for the plaintiffs/appellants states that these walls were never demolished by them and they are in existence since beginning. According to him, two flats were amalgamated by the previous landlord/owner from whom he purchased one flat and took another flat on tenancy. However, amalgamation of flats Nos. 1 and 2 into one flat at the ground floor and changing the position of bathroom and W.C. with additions and alterations is in contravention of the occupation plan. To that extent, the notice is still not complied. The learned Counsel for the Municipal Corporation states that for that purpose, the plaintiff may make a representation to the Municipal Corporation for regularization and if such a representation is made, the Municipal Corporation will take a decision and pass appropriate order as per rules. 2. In view of this statement, the learned Counsel for the plaintiffs/appellants seeks to withdraw the appeal and the application as well as the suit and make a statement that he would make such representation before the concerned officer within four weeks. If such representation is made, it will be decided within eight weeks thereafter. Till decision of the representation, the parties shall maintain status quo. 3 AO-800-11.sxw The Appeal and the Application stand disposed of accordingly. (J.H.BHATIA,J.)