: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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.252 OF 2008 APPEAL FROM ORDER NO.252 OF 2008 APPEAL FROM ORDER NO.252 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.305 OF 2008 CIVIL APPLICATION NO.305 OF 2008 CIVIL APPLICATION NO.305 OF 2008 Santosh Ramdular Pathak & Ors. ...Appellants. v. B.D.Silva Smruti Co-op. Hsg. Society Ltd. & Ors. ...Respondents. Mr.G.S.Bhat , adv. for the Appellants. Ms.Nisha Dabhade, adv. for the B.M.C. Mr.P.G.Parkar, adv. for the Respondent No.1. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 26th March, 2008. DATE: 26th March, 2008. DATE: 26th March, 2008. P.C. P.C. P.C. 1. In the Suit No.3796 of 2006, the plaintiff/respondent no.1 had taken out notice of motion no.4116 of 2006 seeking temporary injunction restraining the defendant nos.1 to 4 and 6 from using the said premises being flat no.1 for non-residential purposes. The learned trial Court granted temporary injunction in terms of prayer clause (a) observing that there was no permission from the competent authority for change of user from residential to commercial. The learned counsel for the defendants/appellants pointed out that the Municipal Corporation had issued letter dated 18th August, 2006 to the effect that the Corporation had no objection to carry out proposed change of user from :2: residential to commercial on compliance of certain conditions and on the same day, the Municipal Corporation had also acknowledged receipt of completion certificate from the Architect of Sitaram Tiwari, defendant no.4. The learned counsel for the plaintiffs/respondents pointed out that so called permission granted by the Municipal Corporation on 18th August, 2006 was not produced before the trial Court and this document is produced for the first time in the Court. In view of these circumstances, the learned counsel for the appellants seeks to withdraw the appeal with liberty to move an application before the trial Court for review of the impugned order in the light of permission granted by the Municipal Corporation. 2. Appeal stands disposed off as withdrawn with the aforesaid liberty. 3. In view of the circumstances, parties shall maintain status-quo for four weeks from this day. The appellants are granted leave to file review application before the trial Court within one week from this day and the trial Court shall hear and dispose off the same within three weeks thereafter. 4. As the appeal itself has been disposed off, civil application does not survive and stands disposed off accordingly. :3: (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)