-: 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 JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 387 OF 2009 APPEAL FROM ORDER NO. 387 OF 2009 APPEAL FROM ORDER NO. 387 OF 2009 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 467 OF 2009 CIVIL APPLICATION NO. 467 OF 2009 CIVIL APPLICATION NO. 467 OF 2009 Shri Ramesh Jadhavji Gala .. Appellant/ Applicant. V/s. The Municipal Corporation of Gr. .. Respondent/ Mumbai Opponent. --- Mr. R.A. Thorat for the Appellant. Ms. K.K. Sorran for the Respondent. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 08th APRIL, 2009 DATED : 08th APRIL, 2009 DATED : 08th APRIL, 2009 P.C. : P.C. : P.C. : 1. The appellant who is the original plaintiff, filed L.C. Suit No. 701 of 2009, challenging the notice issued under section 351 of the Bombay Municipal Corporation Act. The appellant also claimed temporary injunction and prayed for ad-interim relief. The same was refused and, therefore, the present A.O. 2. It is alleged that the appellant without permission from the BMC constructed two rooms on the terrace of the suit building. Mr. Thorat, the learned counsel for the -: 2 :- appellant submitted that it is a policy of the respondent corporation to regularise such structures. He further submitted the appellant may be allowed to file representation before the respondent corporation for regularisation of the construction in question and if such permission is granted, nothing will survive in the suit and the appellant will withdraw the said suit. 3. The learned counsel for the respondent has no objection if the above course is adopted. In the above facts and circumstances, I dispose of the A.O. by passing the following order : ORDER ORDER ORDER i. The statement of Mr. Thorat, the learned counsel appearing for the appellant that the appellant will withdraw the suit being L.C.Suit No.701 of 2009, is accepted. ii. The appellant is at liberty to make representation to the respondent corporation for regularisation of unauthorised structure in question. If such representation is made within the period of four weeks from today, the respondent corporation -: 3 :- shall decide the same in accordance with law within a period of four weeks thereafter. iii. Both the parties shall maintain status quo in respect of the suit premise for a period of ten weeks from today. 4. A.O. is disposed of in the above terms. 5. In view of the disposal of the A.O., nothing survives in the civil application and the same is disposed of as such. (R.V.MORE,J.) .....