1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.530 OF 2011 WITH CIVIL APPLICATION NO.737 OF 2011 Kashinath L. Tiwari ...Appellant. v. B.M.C. ...Respondents. Mr. Samji Joseph i/by Lawwell & Chartered , adv. For the Appellant. Ms K.K.Soran, adv. For the Respondent. CORAM : J.H. BHATIA, J. DATED : JULY 19, 2011. P.C. 1 Heard the learned counsel for the parties. 2 The concerned officer Kiran R. Bhangre of the respondent is also present before the court. It appears that whole dispute is about re- construction of the stair-case. As per the notice issued , the old single flight RCC staircase from ground floor to first floor of the building was removed and a new spiral staircase was constructed. As per the notice, there was also some additional ladi-koba-ladi slab with M.S. I-Section at the open well in the remaining space. However, the learned counsel for the Municipal Corporation on instructions from the officer states that on inspection, there is no additional construction on the well is found and dispute is only about stair-case. It appears that new stair-case has been 2 constructed in place of old one with a new design. If this staircase is required to be demolished, occupants of the first floor will have no approach. On instructions from the officer, the learned counsel for the respondent states that if proper application is made for regularisation of that stair-case, that will also be considered favourably as per the rules. In view of this statement, now the learned counsel for the plaintiff/appellant seeks to withdraw the appeal, application as well as suit with liberty to move application before the concerned officer for regularisation of the construction of spiral stair-case. 3 Appeal and the application stand disposed off as withdrawn with liberty to the plaintiff to approach the concerned officer of the respondent for regularisation of the spiral stair-case within four weeks. If such application is moved, the concerned officer shall take decision and pass appropriate order within six weeks thereafter. 4 Till then parties shall maintain status-quo. (J.H. BHATIA,J.)