1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1565 OF 2009 with C.A. no. 3428 of 2009 Shri Kashinath Y. Dighe ... Appellant (Org. Plaintiff) Vs. The Municipal Corporation of Greater Mumbai. ... Respondent (Org.defendant) Mr. A.A.Kocharekar, advocate, for the appellant. Mr. V. Mahadik, Advocate, for the respondent. CORAM: J.H.BHATIA,J. DATE 21st November,2009. P.C. 1. The suit filed by the plaintiff-appellant challenging the notice under Section 351 issued by the respondent Municipal Corporation was dismissed and in this appeal, dismissal of suit was challenged. However, after some discussion at the Bar and after taking instructions from his client, the learned Counsel for the appellant seeks to withdraw this Appeal with liberty to file an application to the Municipal Corporation for regularisation of the structure. 2 2. The appeal stands dismissed as withdrawn with liberty to make an application to the Municipal Corporation within six weeks from this day for the purpose of regularisation of the structure. If such an application is moved within six weeks, the concerned officer of the respondent shall decide that application on its own merits within six weeks from the date of its filing. The Municipal Corporation shall not take any action on the said notice against the structure till the decision on the application by the concerned officer. If the application is not moved within the specified period, the Municipal Corporation shall be at liberty to take action as per law. 3. As the Appeal itself is disposed of, C.A. does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) 3