mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1944 of 2008 Umashankar Maniklal Thakur .. Appellant versus The Municipal Corporation of Gr. Bombay and others .. Respondent ... Mr.V.R.Walavalkar with S.R.Bhalekar for the appellant. Mrs.Vandana Mahadik for respondent no.1 BMC. CORAM : D.G. KARNIK, J DATED : 15th October 2008 P.C.: 1. Learned counsel for the appellant seeks leave to withdraw the appeal with liberty to apply to the respondent municipal corporation for regularisation. He only prays for interim protection for a short while to enable the appellant to make the necessary application. Counsel for the respondent has no objection for granting such leave but with the direction that the appellant shall not carry out any further changes in the premises. In view of the submissions of the parties, I pass the following order:- 2 The appellant is allowed to withdraw the appeal with liberty to apply to the respondent no.1 for regularisation of the alleged illegal structure. If such an application is made within four weeks, the respondent no.1 shall consider the said application on its own merits and without in any way influenced by any of the observations made by the trial court. 3. The respondent, however, shall not demolish the suit structure for a period of four weeks from today and if any application is made for regularisation of the suit structure till the communication of the decision on the said application and for a period of two weeks thereafter. The appeal is disposed of as withdrawn with liberty as above. (D.G. KARNIK, J)