1 fa831-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 831 OF 2011 ALONGWITH CIVIL APPLICATION NO.1339 OF 2011 K. Shekar Shetty .. Appellant V/s. Brihanmumbai Municipal Corporation & others .. Respondents ..... Mr. V. Nirmala Gopal for the appellant. Mr. Vinod Mahadik for respondent No.1 – BMC. Ms. Swati Sawant for respondent Nos. 2 to 6. ..... CORAM : A.S.OKA, J. DATE : AUGUST 3, 2011. P.C.: The learned counsel appearing for the appellant seeks permission to withdraw the Appeal as the appellant desires to file an application for regularization of the suit structure. 2. Hence, I pass the following order: :: O R D E R :: i. The Appeal is dismissed as withdrawn. ii. It will be open for the appellant to apply for regularization within a period of three months from 2 fa831-11 today. The application for regularization shall be made to the concerned Executive Engineer (Building Proposal), City through a licenced Architect. iii. If the application for regularization is filed within the period of 12 weeks from today, the same shall be decided by the concerned officer of the respondent-Corporation within a period of three months from the date on which the application is received. iv. Order passed on the application for regularization application shall be communicated to either to the appellant or to his Architect within a period of one week from the date of passing of the order. v. Ad-interim relief granted by this Court will continue to operate till the disposal of the application for regularization. If order passed on the application is adverse to the appellant, the ad- interim relief will continue to operate for the period of six weeks from the date which the decision is 3 fa831-11 communicated to the appellant or to his licenced Architect, whichever is earlier. vi. If the appellant fails to apply for regularization within a period of 12 weeks from today, the protection granted under this order will not apply and it will be open for the first respondent to proceed with the action of demolition. vi. Parties to act upon an authenticated copy of this order. vi. Civil Application No.1339 of 2011 does not survive and the same disposed of. (A.S.OKA, J.)