: 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 JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.388 OF 2008 WITH CIVIL APPLICATION NO.457 OF 2008 IN APPEAL FROM ORDER NO.388 OF 2008 IN NOTICE OF MOTION NO.115 OF 2007 IN L.C. SUIT NO.150 OF 2007 Bhanvarsingh Devi Singh Rathod ..Appellant. Vs. Municipal Corporation of Greater Bombay ..Respondent. Mr.Anil Singh with Mr.D.R.Shah for the Appellant. Mrs.Geeta Joglekar for the Respondent/B.M.C. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 24TH APRIL, 2008 DATED : 24TH APRIL, 2008 DATED : 24TH APRIL, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. Mr.Singh fairly states that the mezzanine floor will be reduced to the extent of only 1/3rd and the height thereof shall be reduced to five feet. This he states will be done on or before 15.6.2008. 3. The undertaking is accepted. In the event of the Appellant failing to do so, the Respondent shall do the said work at the costs of the Appellant. : 2 : 4. Needless to add, that if the Appellant complies with this order, no further action shall be taken pursuant to the impugned notice. 5. Appeal from Order is disposed of accordingly. The Civil Application therefore becomes infructuous and is also disposed of as such. ***