1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION STAMP NO.12563 OF 2009 In Appeal From Order Stamp no.l2562 of 2009 Malati Chandrakant Mahurkar .. Applicant. -versus Assistant Commissioner R Central Ward and another Respondents Ameja Tamhane, Adv. for the Applicant.. Mr. M.M.Malwankar, for the Respondent Corporation CORAM: R. G. KETKAR J (Vacation Judge) DATED: 20th May, 2009 P.C. 1. Heard Shri.Tamhane, learned counsel for the 2 appellant and Shri.Malwankar, learned counsel for the respondent corporation. 2. This appeal from order is directed against the order dated May l2, 2009, passed by the learned Judge, Bombay City Civil Court, Dindoshi, at Goregaon, whereby learned Judge refused ad interim order on the ground that the structure is not situated in slum area and documents filed by the appellant before respondent corporation are not in respect of authorization of the structure. None of the documents show that the structure was tolerated or in existence prior to the datum line ie April 1, l962. Since there is no document to show the authorization of the structure, prima facie he found no error in the order of the Assistant Municipal Commissioner. 3. At the time of hearing of this Appeal from Order, the learned counsel invited my attention to the orders passed by the learned Single Judges of this Court ; i) Appeal from Order No.1347 of l992, in case of Jalil Ahmed Qureshi -vs- Municipal Corporation of Greater Bombay and another., dated December 23, l992, by 3 P.S.Patankar, J. ii) Appeal from Order No.l037 of 2005, in case of M/s Premier Products -vs- Municipal Corporation for Greater Mumbai, dated December 5, 2005 by Dr. D.Y. Chandrachud, J. iii) Appeal from Order No.429 of 2009, in case of Mrs.Sunanda Madhukar Panwalkar -vs The Municipal Corporation of Greater Mumbai & Anr, dated April 29, 2009, by R.V. More, J. 4. In the light of these orders, he sought leave to withdraw the Appeal From Order as also the suit being Long Cause Suit No.997 of 2009, with liberty to approach the first respondent Municipal Corporation of Greater Mumbai, by submitting proposal for regularization of the offending structure described in section 35l of the Mumbai Municipal Corporation Act, 1888. 5. Since the appellant is willing to withdraw the above Appeal From Order as also the suit, Mr.Malwankar, learned counsel for the first respondent has no objection if the appellant is permitted to submit the proposal for 4 regularization of the offending structure. 6. In view of the submissions made on behalf of the parties, appeal is allowed to be withdrawn with liberty as prayed for. The Appeal From Order as also the suit being Long Cause Suit No.997 of 2009 stand dismissed as withdrawn. 7. The copy of this order may be placed in the proceeding of suit No.997 of 2009, filed in the Bombay City Civil Court at Bombay, Dindoshi at Goregaon. 8. In the event of the appellant filing proposal for regularization within four weeks from today, the first respondent MCGM shall decide the same within a period of 8 weeks thereafter in accordance with law. The parties shall maintain status quo in respect of the offending structure for the period of l2 weeks from today. It is expected that the First respondent MCGM shall decide the proposal for regularization, in accordance with law and the relevant policy. This order shall not be construed to mean as direction to the first respondent to regularize the offending structure. 5 9. In view of the disposal of the Appeal From Order, the Civil Application Stamp No.l2563 of 2009 does not survive and accordingly the same is disposed of. (R.G. KETKAR, J)