1 ao1264 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.1264 OF 2010 Aslam Choudhari ...Appellant vs. Mumbai Municipal Corporation of Greater Mumbai & Ors. ...Respondents Mr.Abhay Thorat for the appellant Ms K.K.Soraan for the respondent CORAM : A.S.OKA,J. DATE : APRIL 11,2011 P.C.: 1 The learned counsel for the appellant on instructions of the appellant states that he may be permitted to withdraw the suit and this appeal with liberty to apply to the respondents for regularization of the suit structure. 2 Accordingly, I pass the following order : i) S.C.Suit no.2126 of 2008 and this appeal stand dismissed as withdrawn. ii)It will be open for the appellant to make an application for regularization of the suit structure to the Executive Engineer (Building Proposal), Byculla of the respondent-Corporation within a period of eight weeks from today. The application shall be made through a licensed Architect. iii)If application for regularization is made within a period of eight weeks from today, the same shall be decided by the concerned Officer within a period of twelve weeks from the date of filing of the application. 2 ao1264 iv)The order passed on the said application will be communicated either to the Applicant or his Architect within one week from the date of passing the order. v) The parties shall maintain status quo as of today in respect of the disputed structure till the date on which order passed on the application for regularization is communicated either to the appellant or to his Architect, whichever is earlier. vi)In the event, the order passed on regularization application is adverse to the applicant, order of status quo will continue to operate six weeks from the date of communication of the order. vii)All contentions of the parties on merits of the application for regularization are kept open. viii)If the appellant fails to apply for regularization within the stipulated time, it will be open for the respondents to take steps for demolition of the offending structure. ix)Civil application nos.1562 of 2010 and 592 of 2011 do not survive and the same are disposed of. JUDGE