.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2171 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.Bipin Joshi for the appellants. Mr.J.J. Xavier for the respondent. CORAM : D.G. KARNIK, J. DATE : 10TH DECEMBER 2008 P.C. P.C. P.C. : 1. Heard. 2. By consent of the parties, the following order is passed. (a). The impugned order is set aside and is substituted by the following order: (i) The appellants may make a fresh application to the Executive Engineer, Building Proposals (Eastern Suburbs) for regularisation of the suit structure within 4 weeks. If such application is made, the respondent shall consider the said application at an appropriate level - 2 - and shall pass an order thereon in accordance with law. (ii) If such an application is made within 4 weeks hereof, the respondent shall not demolish the suit structure until communication of the decision on the said application to the appellants/their architect and for a period of 4 weeks thereafter. (iii) In the event the decision is against the appellants, the appellants are free to challenge the said decision in accordance with law. (iv) If the decision is against the appellants and no stay is granted by an appropriate court for the said decision, within 4 weeks of the communication of the decision the respondent shall be free to demolish the suit structure. (b) The appeal is disposed of in the aforesaid terms. (D.G. KARNIK, J.)