: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.658 OF 2009 The Municipal Corporation of Greater Mumbai & Ors. ... Appellants V/s. Shri Mangilal R. Shah & Ors. ... Respondents Mr.A.C. Singh i/b D.R. Shah for Appellants Mr.P.B. Shah i/b Vivek Salunke for Respondent No.1 Ms.K.K. Soraan for MMC CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 23, 2010 P.C.: 1. The appeal has been preferred against the order passed by the trial Court on 13th May, 2008. By this order, the trial Court has made the notice of motion filed by the respondent plaintiff absolute in terms of prayer clause (a). 2. The grievance of the learned advocate for the appellant is that two notices were issued by the Corporation u/s 351 for demolition of certain unauthorised structures. The first notice is dated 18.8.2005 in respect of the construction of a toilet and bathroom with brick masonry walls of the dimensions given therein. The second notice is in respect of the enclosure of the balconies, etc. which has been issued on 3.10.205. It appears that the second notice of 3.10.2005 was issued after the suit was filed. Therefore, the plaintiff made an application for amending the plaint. That application was disallowed. Despite this, according to the learned advocate for the : 2 : appellant, the trial Court has made the notice of motion absolute with respect to both the notices. It appears that a writ petition has already been filed challenging the order disallowing the amendment. That petition was allowed and the Chamber Summons No.343 of 2008 for amendment has been allowed. 3. The notice dated 18.8.2005 was issued in respect of a structure which is admittedly on the first floor. It is apparent from the impugned order that the trial Court laboured under the impression that the unauthorised toilet block was constructed on the ground floor. This is an obvious error committed by the Court which must be corrected. 4. The appeal is allowed. The impugned order is therefore set aside. The notice of motion No.4731 of 2005 is remanded to the trial Court for hearing it afresh. The trial Court shall dispose of the notice of motion as expeditiously as possible and in any event within eight weeks from today. Till then, status quo as of today will be maintained by the parties. The parties will appear before the City Civil Court on 8.3.2010.