1 fa1654-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 1654 OF 2011 ALONGWITH CIVIL APPLICATION NO. 3593 OF 2011 Dr. Ramkripal Rajbahadur Pandey .. Appellant V/s. Municipal Corporation of Greater Mumbai .. Respondent ..... Mr. Vikram Pai a/w. Mr. K. M. Mhatre and Ms. Anita Patil for the appellant. Mr. Vinod Mahadik for the respondents. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 12, 2011. P.C.: Heard the learned counsel appearing for the parties. The learned counsel appearing for the appellant on instructions seeks permission to withdraw the Appeal. He states that the appellant desires to apply for regularization and, therefore, a limited protection be granted to the suit structure for some time. 2. Hence, I pass the following order: :: O R D E R :: i. Appeal is dismissed as unconditionally withdrawn. 2 fa1654-11 ii. It will be open for the appellant to apply to the concerned Executive Engineer (Building Proposals) of the respondent-Corporation for regularization of the suit structure within a period of eight weeks from today. The application shall be made in a prescribed format through a licenced Architect. iii. If application for regularization is made within stipulated time, 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 made. The order passed on the application shall be communicated within a period of one week from the date of passing the order either to the appellant or to his licenced Architect. iv. Parties shall maintain status-quo as of today till the disposal of the application for regularization. If the order passed by the respondent-Corporation is adverse to the applicant, the order of status-quo will continue to operate for the period of four weeks from the date on which the decision is communicated to the applicant or to his licenced Architect, whichever is earlier. 3 fa1654-11 v. In the event, the appellant fails to apply for regularization within a period of eight weeks from today, it will be open for the respondent – Corporation to proceed with the action of demolition after expiry of the period of eight weeks from today. There is no order as to costs. vi. Civil Application No.3593 of 2011 does not survive and the same is disposed of. (A.S.OKA, J.)