1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O.NO.717/2008 Neelam Subhash Anand Appellant Vs. The Mun.Corporn.of Gr.Bombay Respondent Mr.Y.K.Tiwari,with Ms.Amita Patel & Kapil Shetye for the appellant Mr.Diwakar Dwivedi for Res.no.2 Ms.Geeta Joglekar for B.M.C. CORAM: S.J.VAZIFDAR,J. DATE : 26th November,2008 P.C. 1] Admit. Heard finally. 2] There is considerable dispute as to whether the application for regularisation is pending or has been disposed of. On behalf of the B.M.C.it is also submitted that there is no pending application for regularisation. 3] The correspondence suggests the contrary.That the application for regularisation was made is clear. It is true that there have been requisitions by the B.M.C.. It is unnecessary to go into the question as to whether or not the matter regarding regularisation was taken to its logical conclusion.Mrs.Joglekar's suggestion that a fresh application be made is accepted. 2 4] It is also desirable that instead of getting involved in unnecessary controversy in this regard the matter be decided afresh. 5] It appears that there is a dispute between the appellant and respondent no.2 . Respondent no.2 claims that he has acquired the premises from the erstwhile owner. In Suit no.3310/91 filed by the erstwhile owners an order in terms of consent terms on 27-8-2004 was passed. Clause -7 of the consent terms reads thus :- ''That the defendants/plaintiff undertake to this Hon'ble Court to execute Deeds,Writtings,papers and such documents as may be reasonably required by the plaintiff/Defendants to indicate their consent/No objection/willingness to obtain CC/OC for getting existing structure regularized as it stands today on Plot No.279 and for getting water connection and other amenities for structure on Plot no.279-Sonal Apartment,as and when called upon to do so by the Association of the Defendants or Plaintiff.The expenses for the regularization will be exclusively borne and shared proportionately by and between all the occupants under whose occupation the area to be regularized as determined by the Concerned Authorities falls and the expenses for obtaining OC and CC will also be proportionately shared by all the occupants as per the area under their occupation.' ' 6] Respondent no.2 in the agreement entered into with erstwhile owner has agreed to abide by the said consent terms . In any event he would be bound to do so. 7] In the circumstances the A.O.is disposed of by the following order :- i] The impugned order is set aside. 3 ii] The appellants shall make an application for regularisation to the concerned officer of E.E.B.P.on or before 31-12- 2008. The application shall not be rejected on the ground that respondent no.2/owner/plot holder has not complied with the obligations they are bound to under clause -7 above. iii] Till the application is decided and for the period of 8 weeks thereafter the status quo shall be maintained by all the parties.