1 fa-1305.11 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1305 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Vimlesh Singh for the Appellant. Shri Vinod Mahadik for the Respondent. -- CORAM : A.S.OKA, J. DATE : 1ST AUGUST, 2011 P.C.: . Heard learned counsel appearing for the Appellant and the learned counsel appearing for the Respondent. 2. Affidavit dated 26th July, 2011 of the Appellant is taken on record and marked “X” for identification. 3. In view of the said Affidavit, learned counsel appearing for the Appellant seeks permission to withdraw the Appeal. Accordingly, I pass the following order:- ORDER: (a) The Appeal is dismissed as withdrawn with no orders as to costs. 2 fa-1305.11 (b) Notwithstanding the dismissal of the Appeal, it will be open for the Appellant to apply to the appropriate officer of the Respondent for regularisation of the suit structure within a period of three months from today. (c) Such application shall be filed through a licensed Architect. (d) The Application shall be decided by the appropriate officer of the Respondent–Corporation within a period of three months from the date on which the said application is made. (e) Till the disposal of the Application filed by the Appellant, the parties will maintain status quo as of today in respect of the suit structure. (f) The Application shall be decided by the appropriate officer of the Respondent–Corporation on its own merits. The order passed thereon shall be communicated by the appropriate officer of the Respondent-Corporation either to the Appellant or to 3 fa-1305.11 his Architect within a period of one week from the date of passing the order. (g) In the event the order passed on the application for regularisation is adverse to the Appellant, for a period of six weeks from the date of communication of the said order to the Appellant or his Architect, whichever is earlier, the order of status quo passed by this Court will continue to operate. (h) If the Appellant fails to make an application for regularisation within a period of three months from today, the interim protection granted to the Appellant shall come to an end. (i) The Civil Application No.2357 of 2011 does not survive and the same is disposed of. (j) The parties to act on an authenticated copy of this order. ( A.S.OKA, J )