1 AO 34 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.34 OF 2011. IN NOTICE OF MOTION NO.1042 OF 2007 IN L.C. SUIT NO.990 OF 2007. Ajay Bhatia .. Appellant -versus M. C. G.M. and anr .. Respondents. Mr. D.A. Nalwade, i/b Pravin G Sawant, for the appellant Mrs. K.K. Soran, for respondent No.1. Mr. P.G. Lad, for respondent No.2. CORAM: A. S. OKA, J. DATED: 13th April, 2011 P.C. 1. Heard learned counsel appearing for the appellant, learned counsel appearing for the first respondent and learned counsel appearing for the second respondent. 2. Learned counsel appearing for the appellants seeks permission to withdraw the suit and this Appeal with liberty to apply for regularization of the alleged offending structure. The said request deserves to be granted. Accordingly I pass the following order :- ORDER 2 AO 34 OF 2011 i) L.C. Suit 990 of 2007 and this appeal stand dismissed as withdrawn. ii) It will be open for the appellant to apply to the concerned Executive Engineer (Building Proposals) of the first Respondent corporation for regularization of the alleged offending structure. If such application is made within a period of 8 weeks from today, the concerned officer shall decide the same within a period of 12 weeks from the date of receipt of such application. iii) Application shall be made in the prescribed format through a licensed architect. iv) The order passed on the application shall be communicated either to the appellant or to his licensed architect, within a period of one week from the date of passing of the order. v) If application for regularization is made within a period of 8 weeks from today, parties will maintain status quo as of today in respect of disputed structure till the date on which the order passed on the application for regularization is communicated as aforesaid. vi) In the event order on application for regularization is adverse to the appellant, 3 AO 34 OF 2011 the order of status quo will continue to operate for a period of six weeks from the date on which the said order is communicated either to the architect or to the appellant, whichever is earlier. If application for regularization is not made within a period of 8 weeks from today, it will be open for the first respondent to proceed with action of demolition. vii)All contentions of the parties on the application for regularization are expressly kept open. viii) Civil Application No. 42 of 2011 does not survive and the same is disposed of. ix) Trial Court shall pass a formal order on the suit on the basis of this order. (A.S. OKA, J.)