1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4060 OF 2009 IN FIRST APPEAL NO.1198 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Bharat Zaveri i/b S.G.Lakhani for the applicant. Mr.R.S.Khadapkar for the respondent. CORAM : D.B.BHOSALE, J. DATED : 2/12/2010 PC: 1. Heard learned counsel for the parties. 2. In this civil application, the applicant has made the following prayer: “(a) That pending the hearing and final disposal of the Appeal, the Respondent be ordered and directed to process the sub- division application dated 9.3.2007 and to pass the appropriate order thereof within a period of 2 weeks or any other reasonable time as this Hon’ble Court may deem fit and proper.” 3. I have perused the order dated 31st S 2 January, 2007 passed by this court. By this order the applicant was allowed to apply before the City Survey Authorities or the appellant-corporation for sub-division of the property on the basis of partition and the concerned officer was directed to dispose of the said application expeditiously having regard to the age of the applicant. Thereafter again on 5th February, 2008 the following order was passed: “1. My attention has been invited to order dated 31st January, 2007 passed by this Court. The advocate for appellant has produced for my perusal a letter dated 25th January, 2008 sent by the Deputy City Engineer of the appellant-Corporation to the Respondent. In the said letter certain objections have been raised by the appellant regarding the proposal submitted by the respondent for sub-division. It will be open for the respondent to comply with the said objections. If compliance is made, the application made by the 3 respondent for sub-division of the property shall be decided by the appellant-corporation as expeditiously as possible and preferably within the period of four weeks form the date on which compliance is made by the respondent with the requirements specified in letter dated 25th January, 2008.” Despite this orders, according to the applicant, the corporation has yet not decided his application for sub-division. According to the learned counsel for the corporation the applicant has not complied with certain objections which were communicated to him vide order dated 25.1.2008. As against this, according to the applicant, he has complied with all the objections as stated by them in their letter dated 4.2.2010. I am not entering into a controversy whether the applicant has made compliance as per the letter dated 25.1.2008. It is for the concerned authority to consider the application in accordance with law. If according to the corporation, compliance is not made it is open for them to 4 pass appropriate order on the application filed by the applicant dated 9.3.2007 seeking sub-division of the property. In the circumstances the corporation is directed to pass appropriate order within a period of four weeks from today. It is needless to mention that corporation will pass order on merits in accordance with law. Civil application is disposed of. (D.B.BHOSALE, J.)