1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5231 of 2008 IN FIRST APPEAL NO. 2019 OF 2008 Mr.Viyaj Bahadur Singh & Anr. .. Appellants versus M.C.G.M. & ors. .. Respondents ... Mr.C.K.Tripathi for the appellants. Mr.J.J. Xavier for the respondent CORAM : D.G. KARNIK, J DATED : 24th October 2008 P.C.: 1. Not on board. Taken on board on mentioning by the applicant. 2. Heard learned counsel for the applicant. 2 3. This application is made by the applicant for stay against the demolition of the structure which is alleged to be unauthorizedly erected. Perusal of the appeal compilation (page 48 and 60) prima facie shows that the structure was not in existence in the year 2002. This prima facie shows that the structure was erected after 2002. In the circumstances, applicant is not entitled to a relief of injunction. 4. Counsel for the applicant however submits that the applicant would apply for regularisation of the structure in accordance with law and prays for some time to enable him to apply for regularisation. Applicant may apply for regularisation of the structure. If such an application is made within four weeks hereof, the same shall be considered by the respondent on its own merits without being in any way influenced by any of the observations made in the judgement of the trial court. 5. In the mean while, respondent is directed not to demolish the suit structure if it has not already been demolished, for a period of four weeks and if an application for regularisation is made within a week then till the disposal of the said 3 application and for a period of two weeks thereafter. 6. Since this order is passed without notice the respondent shall be at liberty to apply for modification of this order if it feels aggrieved. 7. With this direction, civil application is disposed of. (D.G. KARNIK, J)