-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.5547 OF 2007 APPLICATION NO.5547 OF 2007 APPLICATION NO.5547 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2514 OF 2007 APPEAL NO.2514 OF 2007 APPEAL NO.2514 OF 2007 Amritlal Hirachand Khandelwal Bhagwan Prasad Shivprasad Gupta ...Applicants vs. The Municipal Corporation of Greater Bombay & Another ...Respondents Mr.N.K.Mudnaney for the Applicants Mr.J.J.Xavier for the Respondent-Corporation CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : MARCH 3, 2008 : MARCH 3, 2008 : MARCH 3, 2008 P.C.: P.C.: P.C.: . Not on board. Taken on board. 1. The Advocate for the Applicants has tendered on record the undertakings of one Lalitkumar Amritlal Khandelwal, a son and the Constituted Attorney of the Applicant No.1 as well as the undertaking of the second Applicant. In the undertaking filed by the said Lalitkumar, it is stated that he is duly authorised by the first Applicant to file the undertaking. 2. The undertakings are taken on record and marked ‘X’ and ‘Y’ for identification. The photograph tendered by the Advocate for the Applicants is also taken on record. 3. The First Appeal has been already admitted for final hearing. In view of the undertakings, the Applicants are -2- entitled to interim relief. However, the Applicants will have to maintain status quo as of today in all respects in respect of the disputed property. 4. The learned Counsel for the Applicants submits that during the monsoon the Applicants may be allowed to cover the front portion of the main structure by Tarpaulin sheets. The said prayer cannot be granted. It is for the Applicant to apply to the first Respondent-Corporation in that behalf. 5. Hence, Civil Application is disposed of by passing the following order : i) The aforesaid undertakings are accepted. In view of the undertakings, there will be interim relief in terms of prayer clause (a) subject condition that the Applicants will also maintain status quo as of today in all respects in respect of the disputed structure as also the remaining portions of the shed in front of the main structure. ii) In case the Applicants commit any breach of this order, it will be open for the first Respondent to apply for vacating the order of interim relief. -3- JUDGE JUDGE JUDGE