1 44 fa.331.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 331 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.B.Singh for the Appellant. Mr. Vinod Mahadik for the Respondent / BMC. CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. . The learned counsel appearing for the Appellant on instructions seeks permission to withdraw the appeal. He prays that the Appellant my be permitted to apply for regularization. 2 Hence, I pass the following order: i. It will be open for the Appellant to apply for regularization of the suit structure within a period of twelve weeks from today ; ii. The application shall be made to the concerned Executive Engineer (Building Proposal) of the Respondent – Corporation through a licenced 2 44 fa.331.11 Architect ; iii. If such an application is made within the stipulated time, the same shall be decided within a period of three months from the date of filing of the application ; iv. The decision on the application shall be communicated either to the Appellant or to his Architect within a period of one week form the date of the decision ; v. The ad-interim relief granted by this Court will continue to operate till the disposal of the application for regularization ; vi. If order passed on the application for regularization is adverse to the Appellant, the ad-interim relief will continue to operate for a period of six weeks from the date on which the order is communicated to the Appellant or to his Architect, whichever is earlier ; vii. If the Appellant fails to apply for 3 44 fa.331.11 regularization within the stipulated time, the protection granted will not apply and it will be open for the Respondent to proceed with the action of demolition ; viii. The parties to act upon an authenticated copy of this order ; ix. The appeal is disposed of on above terms ; and x. The Civil Application No.585 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]