1 909 fa.644.10 anr ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 644 OF 2010 Baitullah Khan. ... Appellant Vs. The Municipal Corporation of Greater Mumbai. ... Respondent WITH FIRST APPEAL NO. 645 OF 2010 Sayyed Hasan Ibrahim Kadri. ... Appellant Vs. The Municipal Corporation of Greater Mumbai. ... Respondent ­­­­­ Mr. R.A.Thorat i/b B.P.Shukla for the Appellant. Mr. Vinod Mahadik for the Respondent – BMC. ­­­­­ CORAM : A.S.OKA, J. DATE : 18 th February, 2011. P.C. 1 After arguing the appeals for sometime, the learned counsel appearing for the Appellant seeks permission to withdraw the appeals on the ground that the Appellant wants to apply for regularization. He seeks a protection for limited duration to enable the Appellant to apply for regularization. 2 909 fa.644.10 anr 2 Hence, the appeals are disposed of by passing the following order: i. The appeals are dismissed as not pressed with no order as to costs ; ii. If the application for regularization of the suit structure is made by the Appellant to the Executive Engineer (Building Proposal) of the Respondent – Corporation in the prescribed format within a period of eight weeks from today, the same shall be decided by the Respondent – Corporation within a period of three months from the date on which the application is made ; iii. The order passed on the application shall be communicated by the Respondent either to the Appellant or his Architect within a period of one week from the date of passing of the order ; iv. If application for regularization is made within the stipulated time, the parties shall maintain status­ quo as of today, in respect of the disputed structure till the disposal of the application for regularization. v. In the event, the order passed on the application for regularization is adverse to the Appellant, the order of demolition shall not be implemented for a 3 909 fa.644.10 anr period of three weeks from the date on which the communication of rejection is served to the Appellant or his Architect; vi. In the event, the Appellant fails to apply for regularization within the stipulated period of eight weeks from today, it will be open for the Respondent – Corporation to proceed with the action of demolition ; vii. The application for regularization shall be decided on merits ; viii. Civil Application No. 1647 of 2010 does not survive and the same is disposed of ; ix. Parties to act upon an authenticated copy of this order. [ A.S.OKA, J ]