:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.72 OF 200 APPEAL FROM ORDER NO.72 OF 200 APPEAL FROM ORDER NO.72 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.85 OF 2008 CIVIL APPLICATION NO.85 OF 2008 CIVIL APPLICATION NO.85 OF 2008 Mohammed Isa Yusuf Ali & Ors. ...Appellants. v. The Municipal Corporation of Brihan Mumbai ...Respondent. Mr.Arif Bookwala, Sr.Counsel a/w Shri Prashant Kulkarni , advs. for the Appellants. Mrs.Geeta Joglekar , adv. for the Respondent/BMC. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 24th January, 2008. DATE: 24th January, 2008. DATE: 24th January, 2008. P.C. P.C. P.C. 1. After some discussion at bar, with consent of the learned counsel for both the parties, the appeal stands disposed off with the following directions: i. Status-quo order, which has been granted by this Court stands vacated. ii. The respondent/Municipal Corporation shall be at liberty to carry out the work of laying drainage pipes below the land of the plaintiffs. iii. Respondent/Corporation shall give to the plaintiffs one week’s advance notice with detail programme for the purpose of digging, laying down the :2: pipelines and completing the same. They shall complete the work as per the given schedule. 4. The authority or agency executing the work, shall see that as far as possible no damage is caused to the property or structure of the plaintiffs. If it is absolutely necessary, damages should be minimum. Whatever damages may be caused in carrying out the work, the plaintiffs shall be entitled to seek compensation from the Municipal Corporation as per the provisions of law and undertaking given by the Municipal Corporation before the trial Court. 5. As the Appeal itself is disposed off, Civil Application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)