1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk WRIT PETITION NO. 1086 OF 2010 Manali Atul Ashar .. Petitioner Vs. The Municipal Corporation of Brishanmumbai & 2 Ors. .. Respondents Mr. Navin Parekh a/w Ms. Hetal Patel for the Petitioner. Mr. S. S. Pakale a/w Ms. T. H. Puranik for the Respondent No.1. Mr. V. R. Dhond i/b Khaitan & Jayakar for Respondent No.2. Mr. R. A. Shaikh for Respondent No.3. CORAM : MRS. R. S. DALVI, J. DATE : 22nd June, 2010. P.C. 1. Rule. Made returnable forthwith. 2. The Petitioner has hoardings put on the terrace of his building. Respondent No.2 owns the flat on the top floor. There is a lot of leakage from the terrace on the ceiling and then on the walls of the flat of Respondent No.2. Respondent No.2 has complained and not given his consent/NOC for renewal of the hoardings of the Petitioner on the ground of such leakage. The complaint prima-facie appears to be genuine as shown from his photographs. Mr. Parekh on behalf of the Petitioner, who is represented by her husband who is present in the Court as her Constituted Attorney, states that the Petitioner shall carry out complete repairs of the terrace so as not cause any leakage to the 2 ceiling or the walls of the flat of Respondent No.2. 3. The Advocate for Respondent No.2 states that Respondent No.2 has plastered and painted his ceiling and walls recently. Respondent No.2 shall file photographs of each of the rooms of his flat showing the present position in this Court within 1 week from today. The Petitioner shall commence and complete the repair work of the terrace to arrest the leakage into the flat of Respondent No.2 within 4 weeks from today. The Petitioner shall obtain NOC/consent of Respondent No.2 for renewing licence for the hoardings of the Petitioner. The Petitioner shall thereafter comply with the order dated 8th December, 2009 complete with the structural stability certificate. The Petitioner shall thereafter apply for the renewal of the licence from Respondent No.1. The Petitioner shall not exhibit any document or use the hoardings after 4 weeks from today without the NOC/Consent of Respondent No.2. 4. Rule is made absolute accordingly. ( R. S. DALVI, J.)