ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 4761 OF 2007 APPLICATION NO. 4761 OF 2007 APPLICATION NO. 4761 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL (ST) NO. 21449 OF APPEAL (ST) NO. 21449 OF APPEAL (ST) NO. 21449 OF 2007 2007 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.U.Kamdar with Mr. Bipin Joshi for the applicant. Ms. S.Bhandari i/by Mr. S.C.Shah for respondent No.2. Mr. J.J.Xavier for the BMC. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 26th September, 2007. : 26th September, 2007. : 26th September, 2007. P.C. P.C. P.C. 1. Admittedly, inspite of the notice under Section 351 from respondent No.1 the fact remains that the application for regularization of construction in question has been taken note of by the respondent and directed the parties to file documents in support of such application. It is not the case that such ( 2 ) regularization is not permissible. On the contrary, the respondent in fact asking for more documents to regularize such construction. The respondent Corporation is bound to consider such application if documents are provided. In the present case, there is also dispute about so called no objection given by the erstwhile landlord for construction in question. The present landlord, disputing the genuineness of the said document. Considering this, at this stage, I am of the view that there is sufficient case made out for status-quo order pending the final hearing of the appeal. The parties to maintain status-quo in the meanwhile. 2. The Civil application is disposed of, accordingly. ( 3 ) [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]