1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 902 OF 2009 . Ms. Kalpana Kantilal Shah & Ors. ..Petitioners/ Org. Defendants. vs. H.A. Kale & Ors. ..Respondents. .... Mr. S. Shamim, i/b. M/s. Shamim & Co., for Petitioners. Ms. T.H. Puranik, for Respondent Nos.1 & 2. Mr. R.D. Soni, i/b. Singhi & Co., for Respondent Nos. 3 & 4. Ms. Sneha Patil, i/b. Sonal Doshi & Co., for Respondent No.5. Mr. Harshad Kale, A.M.C., Respondent No.1, present in person. Mr. S.N. Naik, Asstt. Prothonotary (Admn.), Representative of C.R. present. .... CORAM : S.J.KATHAWALLA, J. DATE : 10TH SEPTEMBER 2009. P.C. Heard the learned Advocates for the parties. The writ petition is disposed of by the following order :- (i) The order dated 7 th November 2008 (Exhibit-M to the petition) is set aside. (ii) The concerned Ward Officer shall after hearing the plaintiffs as well as the defendants in the suit as well as the Court 2 Receiver, pass a fresh order on the issue as to whether the concerned repairs, more particularly, the vertical extension would amount to tenantable repairs inter-alia in lieu of Rule 38(2) of the D.C. Regulations read with section 342 of the Bombay Municipal Corporation Act. (iii) Parties shall appear before the concerned Ward Officer on 22 nd September 2009 at 11.00 a.m. The concerned Ward Officer shall hear the parties on any day fixed by him. However, he shall endeavour to pass his orders within a period of four weeks after the preliminary hearing held on 22 nd September 2009. 2. Writ petition is accordingly disposed of. [ S.J.KATHAWALLA, J. ]