1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 104 OF 2009 IN CIVIL APPLICATION NO. 123 OF 2009 Dr.Madhukar Nilmani Goyal & Anr. : Appellants versus Om Gokul Nagar-1 Co-op. Housing Society Ltd. & ors. : Respondents. ALONG WITH APPEAL FROM ORDER NO.105 OF 2009 WITH CIVIL APPLICATION NO.124 OF 1009 Dr.Mrs.Santosh J Goyal : Appellant. Versus Om Gokul Nagar-1 Co-op. Housing Society Ltd. & ors. : Respondents. Shri. A M Saraogi for the Appellants. Shri M K Jain for Respondent No.1. Smt. K K Soraan for the BMC. CORAM : R.M.SAVANT, J. DATED : MARCH 30, 2009 P.C. 1. The above Appeals arise out of the common order dated 11th November 2008 passed by the learned Judge of the City Civil Court, Bombay in Notice of Motion Exhibit-2 in L C Suit No.1768 of 2 2008 and Notice of Motion Exhibit-2 in L C Suit No.1705 of 2008. The L C Suit No.1768 of 2008 is filed by the Appellant and the L C Suit No.1705 of 2008 is filed by the Respondent No.1 Society. 2. The learned counsel for the Appellants Shri Saraogi makes a statement that the Appellants would withdraw the above Appeals and make an Application for regularization of the structure in question to the Executive Engineer, Building Proposal Department, Western Suburb, Kandivali, Mumbai within two weeks from date. If such an application is made by the Appellants, the same to be considered by the Executive Engineer of the Respondent No.2 Corporation within eight weeks of the receipt of the said Application. The learned counsel for the Respondent No.1 submitted that the Respondent No.1 should be heard in the matter. The Executive Engineer of the Respondent No.2 Corporation would therefore also hear the representative of the Respondent-1 Society in the matter. In case the order passed by the Executive Engineer of the Respondent No.2 Corporation is adverse to the Appellants, the same not to be implemented for a period of two weeks from the date of its passing. 3 3. Pending consideration of the representation for regularization of the Appellants, the order of status quo which is granted by this Court on 10th February 2009 would continue to operate pending the decision of the Executive Engineer of the Respondent No.2 Corporation and for a period of two weeks thereafter. 4. All the contentions of the respective parties are kept open. 5. Both the above Appeals are accordingly dismissed as withdrawn. 6. In view of the dismissal of the above Appeals, the Civil Applications for stay do not survive and the same are accordingly disposed of. [R.M.SAVANT, J]