1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1916 OF 2009 WITH CIVIL APPLICATION NO.4927 OF 2009 Rameshbhai K. Kaklotar & Anr. )..Appellants Vs. Municipal Corporation of Gr.Mumbai & Anr. )..Respondents ­­­­ Mr. H.S.Murthy i/by V.K. Warkar for the appellants. Mr. Vinod Mahadik for the respondent/BMC. ­­­­ Coram : R.S.MOHITE,J Date : 10th March, 2010 PC FIRST APPEAL NO.1916 OF 2009 1 Heard Counsel for the appellants. He states that he has instructions from the Advocate on record and the appellant to make a statement that the appellants will withdraw the appeal if they are allowed to make an application for regularisation of the suit structure and if protection is granted during the pendency of any such application if made. Advocate for the respondent/BMC states that he will submit to the orders of the Court in this regard. In this view of the matter, First Appeal is disposed off as withdrawn. It is however, directed that if any application for regularisation is made by or on behalf of the appellants within a period of 4 weeks from today, the said application will be considered on merits and will be disposed off within a period of 6 weeks from the date of receipt of the application. The BMC is directed to maintain status­quo for a period of four weeks and if any application is received, then they will maintain status­quo during the 2 pendency of the said application and if the order is adverse to the appellants, BMC will further maintain status­quo for a period of 2 weeks from the date of communication of the order. It is made clear that the order passed on the application for regularisation should be a reasoned order which should deal with all the contentions which are raised in the application. The statutory remedies available to the appellants if their application is rejected, are kept open. CIVIL APPLICATION NO.4927 OF 2009 As the First Appeal is disposed off as withdrawn, this Civil Application does not survive and stands disposed off. (R.S.MOHITE,J) 3