:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE FIRST APPEAL FIRST APPEAL FIRST APPEAL NO.1628 OF 200 NO.1628 OF 200 NO.1628 OF 2008 Ashraf Vali Mohammed ...Appellant. v. The Municipal Corporation of Gr.Bombay ...Respondents. Ms.J.P.Thakkar , adv. for the Appellant. Mr.J.J.Xavier , adv. for the Respondent/BMC. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 10th September, 2008. DATE: 10th September, 2008. DATE: 10th September, 2008. P.C. P.C. P.C. 1. Heard. 2. Admit. LATER ON: LATER ON: LATER ON: 3. After rejection of the civil application no.4212 of 2008, the learned counsel for the appellant seeks to withdraw the appeal with liberty to the landlord and the present appellant to move Municipal Corporation for regularisation of 5th floor of the building. According to her, landlord is supporting the plaintiff/appellant and he is willing to make the application. She wants protection for limited period till the application for regularisation is decided to which the learned counsel :2: for the Municipal Corporation has no objection. 4. The appeal stands disposed off as withdrawn. In case, the plaintiff/appellant and/or landlord of the said building moves an application before the Municipal Corporation through the Licensed Architect, Executive Engineer Building Proposal, City E Ward, Byculla for regularisation of the fifth floor of the building, within four weeks, the concerned Licensed Architect, Executive Engineer Building Proposal, City E Ward, Byculla shall decide that application within eight weeks thereafter. Till decision of that application for regularisation, the Municipal Corporation shall not act upon the impugned notice dated 24-4-2000. If no application is made within four weeks, stay to the execution and implementation of the notice shall stand vacated. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)