1 fa671 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.671 OF 2010 Ashiya Aslam Shaikh ...Appellant vs. Municipal Corporation of Greater Mumbai & Anr. ...Respondents Mr.J.J.Shah for the appellant Mr.S.P.Thorat for the respondent no.2 Mr.Vinod Mahadik for respondent no.1-B.M.C CORAM : A.S.OKA,J. DATE : JULY 19, 2011 P.C.: 1 The learned counsel for the appellant seeks permission to withdraw the Appeal as the Appellant desires to apply to the first respondent for tolerating the suit structure in accordance with the policy of the first respondent. The learned counsel for the first respondent disputes the existence of such policy. 2 Hence, appeal is dismissed as withdrawn. 3 It will be open for the appellant to apply to the first respondent for regularization of the suit structure by relying upon the alleged policy. 4 The questions whether the alleged policy is in existence or not and if such policy is exists, whether it will apply to the case of the appellant are expressly kept open. 2 fa671 5 To enable the appellant to take appropriate steps, the parties shall 4maintain status quo as of today in respect of the suit structure for a period of four months from today. 6 Civil Application no.1734 of 2010 does not survive and the same is disposed of. JUDGE