1 IN THE HIGH COURT OF BOMBAY AT GOA. APPEAL FROM ORDER NO. 36 OF 2008. AND MISC. CIVIL APPLICATION NO. 406 OF 2009. 1. Shri Shaikh Ibraim Ali, son of late Shaikh Ali, aged 69 years, Businessman, and his wife, 2. Smt Mena Rodrigues, wife of Leo D. Rodrigues, housewife, aged 67 years, 3. Shri Dinesh M. Hiremath, son of Malkayya Hiremath, service aged 26 years. All residing at Arif Chawl, Cacora, Curchorem, Quepem,Goa. ...Appellants V e r s u s 1. Shri Suresh Shivrao Rane, major in age, businessman, and his wife, 2 2. Smt. Suresh Shivrao Rane, wife of Suresh Shivrao Rane, Major in age, housewife, Both residing at F. B - 2, B - Building, Bansai Plaza, Curchorem, Goa. ...Respondents. Mr. Sudin Usgaonkar, Advocate for the Appellant. Mr. V. A. Lawande, Advocate for the Respondent. CORAM: A. H. JOSHI. J., DATE: 30th July, 2009. ORDER 1. It is seen that this Court had issued notice in Misc. Civil Application, to Municipal Council proposed to be added with a view to explore the possibility of giving a direction to the council to decide applicant's request for leave to connect its sewer line to the public drainage. 3 2. It is seen that the Municipal Council is served, however it has refrained from appearing. 3. The very purpose of issuing the notice to the Municipal Council is thus sought to be stalled. Public body ought not to conduct in this manner. Had it appeared and incurred some cost, it could have been compensated. 4. In these premises, this court is satisfied that a direction can be given to the Municipal Council to decide petitioner's application/request for permission to connect the sewer line to the municipal drainage as may be tendered unless it is already pending. 5. If any such application is already pending or filed in future and if there are some deficiencies therein, the appellant would entitle to rectify or to 4 may file new application. 6. Municipal Council Cacora shall decide the application expeditiously and in any case within two months from the date it would be complete in all respects. 7. Learned advocate Shri Sudin Usgaonkar, states that he does not press the Appeal From Order. The Appeal From Order No.36 of 2008 and C. A. No.185/2008, are disposed of as not pressed. 8. Appellant shall serve the direction given to the Municipal Council appropriately. Certified copy expedited. A. H. JOSHI, J. ah/-