IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 654 OF 2007 WITH CIVIL APPLICATION NO. 930 OF 2007 M/S. SUKHSHANTI CO-OP. CREDIT SOCIETY ..APPELLANTS (Orig.Defendant No.1) V/S RAHUL APARTMENT CO-OP. HOUSING SOCIETY LTD. & ORS. ..RESPONDENTS (Respondent No. 1 orig. plaintiffs & Respondent Nos. 2 & 3 orig. defendant nos. 2 & 3). MS. R.C. NICHANI & N.B. JADHAV, ADVOCATES, FOR THE APPELLANTS. MR. VINAY J. HEGDE, ADVOCATE, FOR THE RESPONDENT NO.1. MS. NISHA DABHALE, ADVOCATE, FOR THE RESPONDENT NO.3. CORAM: J.H. BHATIA, J. CORAM: J.H. BHATIA, J. CORAM: J.H. BHATIA, J. DATE : 25TH MARCH, 2008. DATE : 25TH MARCH, 2008. DATE : 25TH MARCH, 2008. P.C. 1. After some discussion at the Bar with consent of learned counsel for the parties Appeal stands disposed of with following directions:- : 2 : 2. The Opponent who is the original defendant no. 1 shall be at liberty to move application to the Municipal Corporation/Orig. Defendant No. 3 seeking change of user of the disputed flats from residential to commercial premises under intimation to the plaintiffs society. The Municipal Corporation shall after hearing the plaintiffs society and the defendant No. 1 society, dispose of the said application for change of user within 6 weeks from the date of the receipt of the application. Interim order granted by the trial court shall continue for 8 weeks from this day. In case the Municial Corporation is unable to take decision on that application within the said period, the defendant No. 1 shall be at liberty to move the trial court for extension of the interim order. The Municipal Corporation shall decide the application strictly on merits. 3. As Appeal itself is disposed of, Civil Application does not survive and stands disposed of accordingly. (J. H. BHATIA, J) (J. H. BHATIA, J) (J. H. BHATIA, J)