1 AO-602-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 602 OF 2011 WITH CIVIL APPLICATION NO. 827 OF 2011 IN NOTICE OF MOTION NO. OF 2011 IN L.C. SUIT NO. 1207 OF 2011 Bharat H. Thakkar & Ors. ... Appellants (Org. Plaintiffs) Vs. The Municipal Corporatin of Gr.Bombay. Respondents (Org. Defendants) Mr.Anil C.Singh, i/b. Mr. D.R.Shah,Advocate, for the appellants. Mrs.K.K.Soraan,Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 29th June, 2011. P.C. 1. The Appeal is filed by the original plaintiffs against refusal of ad- interim relief pending the Notice of Motion against a notice issued by Municipal Corporation under Section 351. As per the notice and the documents produced, it appears that the plaintiffs had obtained approval for enclosing a part of terrace for avoiding leaking on 5th floor, but the plaintiffs are using the said portion admeasuring 25' x 14' x 9' as an additional room violating the FSI. Reply to the 2 AO-602-11.sxw Notice of Motion is no yet filed. In view of the circumstances, it will be appropriate if some responsible officer of the Municipal Corporation pays visit to the spot, make spot inspection panchnama and take photographs and file reply to show as to how the portion is being used in violation of the FSI. 2. Therefore, the Appeal and the Application stand disposed of with direction to the Municipal Corporation to file reply to the Notice of Motion within six weeks in the light of the above observations and the trial court shall dispose of the Notice of Motion within six weeks thereafter. Till decision of the Notice of Motion, parties shall maintain status quo. (J.H.BHATIA,J.)