1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.947 OF 2009 WITH CIVIL APPLICATION NO.1179 OF 2009 Vinesh Ramchandra Bhagat ..Appellant V/s Municipal Corporation of Greater Mumbai ..Respondents ---- Mr. R.A.Thorat i/by Prashant Surve for the appellant. Smt.K.K.Soraan for the B.M.C. ---- Coram : R.S.MOHITE,J Date : 17th September, 2009. PC 1 Heard both sides. According to me, matter can be disposed off at the stage of admission. Hence, Admit. Matter is heard finally forthwith. 2 Advocate for the appellant states that he is seeking only a limited relief of extension of protection for a reasonable period instead of a period of 15 days as granted by the impugned order. He states that if reasonable protection is given then he is willing to withdraw the suit itself. Counsel for the BMC states that reasonable protection may be given by the Court. In the circumstances, appeal is disposed off with the following directions :- (a) For a period of 4 weeks from today, suit structure will not be demolished to enable the appellant to make an application for regularisation before the competent authority ; 2 (b) If no application is made for regularisation within 4 weeks then the BMC will be at liberty to demolish the suit structure ; (c) If an application for regularisation is made by the appellant within 4 weeks, then the respondents will consider and decide the said application on its own merits within 8 weeks thereafter and serve a copy of the order upon the appellant ; (d) Till the final disposal of the application for regularisation, if made, by the appellant, the action of demolition will not be taken and in case there is an adverse order against the appellant, demolition will not be given effect to for a further period of 2 weeks from the date of service of the order rejecting regularisation ; (e) In view of this, since the Advocate for the appellant seeks leave to withdraw the suit, suit is dismissed as withdrawn. City Civil Court to pass a formal order on the plaint in this regard. Appeal from Order stands disposed off. CIVIL APPLICATION NO.1179 OF 2009 As the main appeal is disposed off, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3