: 1 : ao.600.2011...sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.600 OF 2011 a/w CIVIL APPLICATION NO.825 OF 2011 IN APPEAL FROM ORDER NO.600 OF 2011 Sabita M. Bagaria … Appellant V/s. The Municipal Corporation of Greater Mumbai ... Respondent A/W APPEAL FROM ORDER NO.601 OF 2011 a/w CIVIL APPLICATION NO.826 OF 2011 IN APPEAL FROM ORDER NO.601 OF 2011 Shahid Ali Siddiqui … Appellant V/s. The Municipal Corporation of Greater Mumbai ... Respondent Mr.A.M. Saraogi i/b Ranvir Shekhawat for the Appellants Mrs.K.K. Soraan for the Respondent CORAM: J.H. BHATIA, J. DATE: JULY 13, 2011 P.C.: 1. Heard learned Counsel for the Plaintiff-appellant as well as the learned Counsel for the Municipal Corporation. These appeals are filed by : 2 : ao.600.2011...sxw the plaintiffs against refusal of ad-interim relief against notice and order for demolition of first floor of the building which is allegedly unauthorised structure. The Notice of Motion is still pending and the Municipal Corporation has not yet filed reply. The learned Counsel for the plaintiffs pointed out that the properties in dispute were originally constructed by MHADA and the tenaments have been allotted to the plaintiffs and several other persons in that chawl by MHADA. According to the learned Counsel for the Appellants, the disputed structure is not the first floor but the mezzanine floor and according to him, in the complete chawl similar mezzanine floors are there since beginning. As the plaintiffs are allotted the tenaments of the MHADA, the construction plan, etc. of the same may not be available with the plaintiffs but must be available with MHADA. In view of the above circumstances, in my opinion, these appeals and applications may be disposed off with following directions: i) the plaintiff shall implead MHADA as defendants in the suits so that MHADA may appear and make the picture clear. ii) The respondent Municipal Corporation shall file reply to the Notice of Motion and/or written statement within four weeks and the trial Court shall expedite the hearing and dispose of the Notice of Motion preferably within six weeks thereafter. : 3 : ao.600.2011...sxw iii) Till disposal of the Notice of Motion on merits, the parties shall maintain status quo. 1. The appeal and applications stand disposed of. (J.H. BHATIA, J.)