Ndm 1 ao.859.09 w caa.1056.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 859 OF 2009 Shalini Manoj Khanchandai. ... APPELLANT Vs. The Municipal Corporation of Greater Mumbai. ... RESPONDENT ------------------------ Mr. R.A. Thorat and P.J. Thorat for Appellant. Mr. J.J. Xavior & K.K. Sareen for BMC / Respondent. ------------------------ CORAM : R.S. MOHITE, J. DATE : 27th August, 2009. P.C. 1 After hearing both sides, the Appeal as well as Suit can be disposed off. The Appellant-Plaintiff has filed an application for regularization of mezzanine floor that was rejected by an order dated 08.08.2007 for non-compliance. The letter of rejection refers to 9 documents, which are not submitted. The advocate for the Plaintiff states that since the application is not rejected on merits, he will submit documents required as per the order dated 08.08.2007 within a period of 4 weeks. He states that, if his application is reconsidered on merits, he will not press this appeal as well as suit. This is acceptable to the Advocate for the Respondent. In the circumstances, by consent, the impugned order passed by the City Civil Court is set aside. The Appellant-Plaintiff to furnish the documents mentioned in the letter dated 08.08.2007 within a period of four weeks from today and if the said documents are submitted the proposal for regularization to be Ndm 2 ao.859.09 w caa.1056.09.sxw reconsidered within a period of eight weeks thereafter. It is further made clear that the documents as required under the order dated 08.08.2007 are not furnished within a period of 4 weeks, the order of rejection can be repassed. In view of the direction given, the Appellant applies for liberty to withdraw this Appeal as well as Suit. The appeal as well as the suit stands withdrawn with liberty to take out appropriate proceeding in case there is a fresh rejection order passed. The City Civil Court to pass formal order in the suit regarding dismissal of the suit. It is made clear that the regularization proposal will be decided by the authority in accordance with its policy and adverse order will not be enforced for a period of two weeks after communication. Parties to maintain status-quo for four weeks and if the documents are filed as required, the status-quo to continue till the application of regularization is decided and in the case of adverse order, for further orders of two weeks after the communication of the adverse order. R.S. MOHITE, J. CIVIL APPLICATION NO. 1056 OF 2009 P.C. 1 Since the Appeal from Order has been disposed of, the Civil Application does not survive and stands disposed of. R.S. MOHITE, J.