1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.236 OF 2010 WITH CIVIL APPLICATION NO.314 OF 2010 IN APPEAL FROM ORDER NO.236 OF 2010 Subhash Parasmal Baldia .... Appellant Vs. Municipal Corporation of Greater Mumbai & Anr. .... Respondents Shri S.U. Kamdar, Senior Counsel i/b M/s. Kiran Jain & Co. for the Appellant. Ms K.K. Soraan for Respondent No.1. Shri R.N. Narula i/b M/s. Jhangiani & Associates for Respondent No.2. CORAM: R.C. CHAVAN, J. DATED: JUNE 17, 2010 P.C: 1. This appeal is directed against the order passed the learned Judge, City Civil Court dismissing the appellant s Notice of Motion No.1330 of 2008 and Notice of Motion No. 872 of 2009 in L.C. Suit No.1202 of 2008. 2. Both the learned counsel for the appellant and respondent No.2 as also counsel for the respondent No.1-Corporation agree that 2 the Chamber Summons Exhibit-11, which is pending before the trial Court, may be allowed and the appellant/applicant may be allowed to carry out the amendment within a period of one week. The chamber summons is accordingly allowed. The applicant to carry out the amendment within a week. The respondents would respond to this amendment within a period of one week thereafter. The impugned order would be set aside and the learned Judge would decide the notice of motion afresh within two weeks thereafter. All contentions are kept open. Till then, all the parties shall maintain status quo. 3. The appeal accordingly stands disposed of. 4. In view of disposal of the appeal, no order is required to be passed on Civil Application No.314 of 2010 and the same stands disposed of. (R.C. CHAVAN, J.)