: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.465 OF 2007 WITH CIVIL APPLICATION NO.760 OF 2007 Mahesh Mangaldas Thakkar & Anr. ..Appellants. Vs. Mr. B.K. Pisal & Ors. ..Respondents. Mr.J.S.Kini i/b.Mr.Suresh Dubey for the Appellants. Mrs.Anita Bhaktawani for Respondent nos.1 and 2. Mr.R.S.Apte for Respondent no.3. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 12TH NOVEMBER, 2008 DATED : 12TH NOVEMBER, 2008 DATED : 12TH NOVEMBER, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. I am not inclined at this stage to grant an injunction restraining Respondent nos.1 and 2 from using any part of their premises. However, the question as to whether the work especially in respect of the toilet, was in accordance with law or not, has not been properly addressed by Respondent no.3, Thane Municpal Corporation. For instance, paragraph 6 of the third Respondent’s written statement, after making certain vague averments, clarifies that a copy of the sanctioned plan was neither available with the : 2 : Plaintiff nor with Respondent nos. 1 and 2. Thus, the necessary plans were not even considered. 3. Mr.Kini has tendered a copy of the plan allegedly sanctioned by Respondent no.3. In any event, if any plans have been sanctioned, the copies thereof would be with Respondent no.3. 4. In addition to complying with the directions stipulated in the order dated 29.8.2008, Respondent no.3 shall decide as to whether the said work was in accordance with law or not. Respondent no.3 shall do so within four weeks from today. The matter has already been delayed. Respondent no.3 is therefore directed to adhere to this time schedule. The officer of Respondent no.3 shall visit the premises after notice to the Advocates of both the parties in the trial Court. 5. The report and decision pursuant to the said order dated 29.8.2008 and this order shall now be submitted before the trial Court and to the Advocates of both the parties. 6. Needless to add that if the work is found to be contrary to law, Respondent no.3 will take action in : 3 : accordance with law in respect thereof. 7. Liberty to apply in the trial Court afresh after the action of Respondent no.3 is communicated to them which, as aforesaid, shall be done within four weeks from today. 8. Appeal from Order and the Civil Application stands disposed of. ***