: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 NO.1321 OF 2008 FIRST APPEAL NO.1321 OF 2008 FIRST APPEAL NO.1321 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.3512 OF 2008 CIVIL APPLICATION NO.3512 OF 2008 CIVIL APPLICATION NO.3512 OF 2008 M/s. Moneeto Plastics Fab. Lts. ...Appellant. v. Municipal Corporation of Gr.Bombay & Ors. ...Respondents. Mr.M.Arshad Haindaday , adv. for the Appellant. Mr.J.J.Xavier , adv. for the Respondent No.1. Mr.A.G.Damle, adv. for the Respondent Nos.2 and 3. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 29th July, 2008. DATE: 29th July, 2008. DATE: 29th July, 2008. P.C. P.C. P.C. 1. After some discussion at the bar, the learned counsel for the plaintiff/appellant seeks to withdraw the appeal with liberty to file a fresh application for regularisation of the alleged unauthorised construction. The respondent nos.2 and 3 claim to be land ladies. It appears that on previous occasion, the appellant had filed an application for regularisation of the said construction but that application could not be even processed because certain conditions were not complied with. One of the conditions was non production of the original sanction plan, which is in possession of the respondent nos.2 and 3. :2: 2. Therefore, the appeal stands disposed off as withdrawn with the liberty to move an application for regularisation to the Executive Engineer, Building Proposal, Eastern Suburbs through Licence Architect within four weeks from this date with further direction that as soon as the appellant makes an application for regularisation of the construction, he would inform the respondent nos.2 and 3 also in writing. On being so informed, within two weeks the Respondent Nos.2 and 3 shall furnish the original sanction plan before the Executive Engineer of the Municipal Corporation for the purpose of processing that application. The Municipal Corporation shall decide the application for regularisation within eight weeks from the date of making application by the appellant. In case, the application for regularisation is rejected, the Corporation shall inform the appellant in writing. 3. The Municipal Corporation shall not act upon the impugned notice till the decision of the application for regularisation and for a further period of two weeks thereafter, in case that application is rejected. 4. As the appeal itself is disposed off, civil application does not survive and stands disposed off. :3: (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)