1 fa 1106.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1106 OF 2011 M/s. Roman Tarmat Limited and another. ... Appellants Versus The Municipal Corporation of Greater Mumbai and others. ... Respondents ----- Mr. S.B.Shetye i/b Mr. Avinash Fatangare for the Appellants. Mr. Vinod Mahadik for Respondent Nos.1 and 2 / BMC. Mr. S.G.Abbas Kazmi - Respondent No.4, appearing in-person. ----- CORAM : A.S.OKA, J. DATE : 18 th August, 2011. P.C. 1 The learned counsel appearing for the Appellants seeks permission to unconditionally withdraw the appeal. He prays that to enable the Appellants to apply for regularization of the offending structure, the Appellants may be protected for a reasonable time. 2 I have heard the learned counsel appearing for Respondent Nos.1 and 2 as well as the representative of the Respondent No.4 appearing in-person. The Respondent No.4 2 fa 1106.11 opposes the prayer. 3 The Appellants are unconditionally withdrawing the first appeal. As a result of the withdrawal of the appeal, the impugned judgment and decree will attain finality. The suit filed by the Appellants has been dismissed on merits. 4 Reasonable time deserves to be granted to enable the Appellants to prosecute the application for regularization. It is obvious that if the Appellants fail to get an order of regularization, the action of demolition will follow. 5 Hence, I pass the following order: i. The appeal is dismissed as unconditionally withdrawn ; ii. It will be open for the Appellants to apply for regularization of the offending structure by making an application to the Executive Engineer (Building Proposal) H and K Ward of the Respondent No1 – Corporation within a period 3 fa 1106.11 of eights weeks from today ; iii. The application shall be made through a licenced Architect ; iv. If the application for regularization is made within a period of eight weeks from today, the concerned officer shall decide the said application within a period of eight weeks from the date of filing of the application and shall communicate the order passed on the said application within a period of one week from the date of the passing of the order either to the Appellants or to their Architect; v. Till the disposal of the application for regularization, the ad-interim relief granted by this Court will continue to operate. If the order passed on the application for regularization is adverse to the Appellants, for a period of two weeks from the date on which communication of the order is made to the Appellants or to their Architect, whichever is earlier, the said ad-interim relief will continue to operate ; 4 fa 1106.11 vi. If the Appellants fail to apply for regularization within the stipulated time of eight weeks, the protection will not apply and it will be open for the Respondent Nos.1 and 2 to forthwith proceed with the action in accordance with law ; vii. The parties to act upon the authenticated copy of this order ; and viii. The Civil Application No.1890 of 2011 and the Civil Application No.3537 of 2011 do not survive and the same is disposed of. [ A.S.OKA, J ]