1 fa1134-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 1134 OF 2011 ALONGWITH CIVIL APPLICATION NO. 2116 OF 2006 Rama Capfin Pvt. Ltd. .. Appellant V/s. Rajendra Vale & Anr. .. Respondents ..... Mr. R. A. Thorat, Senior Counsel i/b. Mr. S. H. Patel for the appellant. Mr. Vinod Mahadik for respondent – State. ..... CORAM : A.S.OKA, J. DATE : JULY 22, 2011. P.C.: The learned counsel appearing for the appellant seeks permission to withdraw the Appeal as the appellant desires to file an application for regularization of the suit structure. I have heard the learned counsel appearing for the respondents. 2. Hence, I pass following order: :: O R D E R :: i. Appeal is dismissed as withdrawn. ii. It will be open for the appellant to apply for regularization within a period of three months from today. 2 fa1134-11 The application for regularization shall be made to the concerned Executive Engineer (Building Proposal), City through a licenced Architect. iii. If the application for regularization is filed within three months from today, the said officer of the respondent Corporation shall decide the same within a period of three months from the date of filing the application. iv. Order passed on the proposal of regularization shall be communicated either to the appellant or to his Architect within a period of one week from the date of passing of the order. v. Ad-interim relief granted by this Court will continue to operate till the disposal of the application for regularization. If the order passed by the respondent is adverse to the applicant, the ad-interim relief will continue to operate for the period of six weeks from the date on which the decision is communicated to the applicant or to his licenced Architect, whichever is earlier. vi. If the appellant fails to apply for regularization within a period of three months from today, it will be open 3 fa1134-11 for the respondent to proceed with the action of demolition. vii. Civil Application No.2116 of 2006 does not survive and the same is disposed of. (A.S.OKA, J.)