... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.445 OF 2007 FROM ORDER NO.445 OF 2007 FROM ORDER NO.445 OF 2007 Narendra Sadashiv Pawar & Anr. ...Appellants Versus Thane Municipal Corporation & Ors. ...Respondents Shri Pankaj C. Kansara for the Appellants. Shri R.S.Apte for the Respondent No.1. Shri Ramesh Jadhav for the Respondent No.2. Shri S.V.Sadavarte for the Respondent No.3. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : JUNE 14, 2007. : JUNE 14, 2007. : JUNE 14, 2007. P.C.: P.C.: P.C.: 1. Heard Advocates appering for the parties. On the request made by the learned Advocate for the Appellants, the Proprietor of M/s.Swami Samartha Construction is permitted to be impleaded as a party Responent No.3. 2. Admit. Advocates appearing for the Respondents waive service. 3. After arguing for sometime, the learned counsel appearing for the Appellants on instructions of the Appellants states that the Appellants do not desire to prosecute the suit filed by them as a proposal submitted by the third Respondent for regularisation of the suit building is pending with the first Respondent Corporation. The learned counsel for the Appellants has tendered on record minutes of order. He states that the Appellants will abide by stipulations in the said ... 2 ... minutes of order. Though I am not inclined to pass order in terms of minutes of order, the learned counsel for the Appellants states that the undertakings of the Appellants in the said mintues of order may be accepted. Accordingly, undertakings of the Appellants contained in the minutes of order marked "X" for identification are accepted. 4. There is an affidavit-cum-undertaking filed by the added third Respondent. In the said affidavit it is stated that the land on which the building has been constructed is owned by the second Respondent and the second Respondent has permitted the third Respondent to develope the property. He has stated that he has constructed the building. He has stated that on 15th May, 2007 he has submitted a proposal for regularisation of the suit building. He has given various undertakings in the said affidavit. The said undertakings are hereby accepted. Similarly, the second Respondent has also filed an affidavit. The undertakings of the second Respondent in the said affidavit are accepted. 5. In view of the assurances and undertakings given by the Appellants, second Respondent and third Respondent, Appeal From Order is disposed of by passing following order: ... 3 ... (i) Special Civil Suit No.15 of 2007 is dismissed as withdrawn. (ii) The undertakings of the Appellants, second Respondent and the third Respondent referred to above are accepted. (iii) The first Respondent-Corporation will decide the Application for regularisation made by the third Respondent on 15th May, 2007 in accordance with law. The said Application shall be decided within a period of three months from today and the order passed thereon shall be communicated to the third Respondent. (iii) The third Respondent will furnish all requisite documents as may be required by the first Respondent within a period of one week. (iv) The first Respondent shall not demolish the building in question till 30th September, 2007. (v) It is made clear that none of the parties will carry on any additions or alterations to the existing building and no third party interests will be created in respect of the building. ... 4 ... (vi) Appeal is disposed of accordingly. JUDGE JUDGE JUDGE