: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1012 OF 2008 WITH CIVIL APPLICATION NO.1234 OF 2008 IN NOTICE OF MOTION NO.2619 OF 2007 IN L.C.SUIT NO.2705 OF 2007 Dinkar R. Pednekar & Ors. ....Appellants V/s. Municipal Corpn.of Gr.Bombay & Ors. ....Respondents Mr.Pradip Kadam for the Appellants. Mrs.Geeta Joglekar for Respondent Nos.1 and 2. Mrs.Nootan S. Moily for Respondent No.3. CORAM : S.J. VAZIFDAR, J. DATED : 13TH OCTOBER, 2008. P.C. : 1. Mr.Kadam, the learned counsel appearing on behalf of the Appellants states that the application has already been made to the B.M.C. for permission to comply with the notice dated 22.3.2006 issued under Section 354 of the B.M.C. Act in view of Respondent No.3 - the landlord refusing to do so. Respondent No.1 shall consider that application as expeditiously as possible. The learned counsel for the Appellants further undertakes that the Appellants will not obstruct the compliance with the said notice by the landlord. The undertaking is accepted. In the event : 2 : of the landlord refusing to do so, the application is already filed with the B.M.C. by the tenants seeking permission to permit them to comply with the notice. 2. It is made clear that nothing in this order will prejudice the rights and contentions of the parties in respect of any other proceedings that they have adopted or they may adopt including before the Small Causes Court. On behalf of the landlord, it was contended that the building is in an extremely ruinous condition and the repairs are not possible. Needless to add that the B.M.C. will consider any application that may be made by the landlord in that regard. 3. In the circumstances, the Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.