1 fa1743-1381 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1743 OF 2010 AND FIRST APPEAL NO.1381/2010 Prabhakar Govind Mane & Ors. ...Appellants (in both the appeals) vs. Municipal Corporation of Greater Mumbai & Anr. ...Respondents (in both the appeals) Mr.Bipin Joshi for the appellants in both appeals. Mr.J.J.Xavier and Mr.Vinod Mahadik for the respondents in both the appeals. Mr.S.M.Bhave, J.E. (B & F), M/W present Mr.P.N.Kale J.E.(Maintenance), M/W. Present CORAM : A.S.OKA,J. DATE : FEBRUARY 25,2011 P.C.: 1 Heard the learned counsel for the appellants and the learned counsel for the respondents. The admitted position is that in respect of the same suit structure, the respondent-Corporation has issued separate notices under sections 314 and 351 of the Mumbai Municipal Corporation Act,1888. 2 The learned counsel for the 1 st Respondent-Municipal Corporation on instructions of Shri S.M.Bhave, J.E. (B & F) M/W ward and Shri P.N.Kale, J.E. (Maintenance), M/W ward states that the Assistant Commissioner of M/W Ward of the Corporation will give hearing to the Appellants on both the notices and will pass an appropriate order within a period of 12 weeks from today. The learned counsel for the appellant states that reply to both the notices will be filed within a period of two weeks from today. The copies of the documents relied upon by the 2 fa1743-1381 appellants will be produced along with the reply. 3 In view of the aforesaid statements, now the issue of legality of the structure in dispute will be decided by the Municipal Corporation in accordance with law and therefore, the appeals need not be kept open and the same are disposed of by passing the following order : i) Impugned Judgments and decrees are quashed and set aside and the suits stand disposed of. ii)The appellants shall file a reply to both the notices under section 314 and 351 of the Mumbai Municipal Corporation Act,1888 within a period of two weeks from today. iii) After giving an opportunity of being heard, the Assistant Commissioner M/W Ward of the 1 st Respondent-Municipal Corporation will pass an order on both the notices within a period of 12 weeks from today. iv)The order passed on the notices shall be communicated to the appellants within one week from the date on which the orders are passed. v) Till the date of communication of the orders, the parties will maintain status quo as of today in respect of the disputed structure. vi)In the event, the orders passed are adverse to the appellants, the same shall not be implemented for a period of four weeks from the date of communication of the said order to the appellants. vii)All contentions of the parties on merits are kept open. viii)Civil application nos. 3631/2010 and 3529/2010 do not survive and the same are disposed of. JUDGE