1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8620 OF 2009 Priyanka Avinash Manjrekar ...Petitioner vs. Kalyan Dombivali Municipal & Ors ...Respondents WRIT PETITION NO.8621 OF 2009 Sakharam Anant Maladkar ...Petitioner vs. Kalyan Dombivali Municipal & Ors ...Respondents WRIT PETITION NO.8658 OF 2009 Dipak Pawar ...Petitioner vs. Kalyan Dombivali Municipal & Ors ...Respondents WRIT PETITION NO.8659 OF 2009 Ganpat Baburao Dhamdhere ...Petitioner vs. Kalyan Dombivali Municipal & Ors ...Respondents Mr.S.A.Sawant for the petitioner in all the petitions Mr.A.S.Rao for respondent no.1 in all the petitions Mr.D.S.Mhaispurkar for respondent no.2 in all petitions CORAM :A.S.OKA,J. DATE : OCTOBER 15, 2009 P.C. 1 The learned counsel for the petitioners in these writ petitions on instructions states that the petitioner in each petition desires to unconditionally withdraw the respective suits with liberty to file an application for 2 regularization of the disputed structure to the Municipal Corporation. He states that a limited protection be granted to the each petitioner to enable them to prosecute the application for regularization. 2 I have heard the learned counsel for the respondents on the said submission. As the suit is being unconditionally withdrawn, a limited protection deserves to be granted to the petitioners in these petitions. 3 Hence, I pass the following order : i) The suit filed by the petitioner in each petition stands dismissed as withdrawn. The trial court will pass a formal order on the suit on the basis of this order. ii)It will be open for the petitioners to apply to the Municipal Corporation within a period of eight weeks from today for regularization of the suit structure. If such application is made within stipulated period, the Corporation will decide the same within a period of eight weeks from the date of filing the said application. iii)The respondent-Corporation will communicate to the petitioner the order passed on the said application within a period of 15 days from the date of passing the order. 3 iv)Till the applications for regularization are decided, the parties will maintain status quo in respect of the disputed structure. If the order passed on the application for regularization is adverse to the petitioners, the protection granted will continue to operate for a period of four weeks from the date of communication of the said order. If the petitioners fail to apply within a period of eight weeks from today, the protection granted by this order will not operate on expiry of period of eight weeks. v) All contentions of the petitioners on merits of the application which may be preferred are kept open. vi)The petitions are disposed of accordingly. JUDGE