:: 1 :: rpa 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. 802 OF 2008 APPEAL FROM ORDER NO. 802 OF 2008 APPEAL FROM ORDER NO. 802 OF 2008 IN IN IN NOTICE OF MOTION NO. 1405 OF 2008 NOTICE OF MOTION NO. 1405 OF 2008 NOTICE OF MOTION NO. 1405 OF 2008 IN IN IN S.C.SUIT NO.1227 OF 2008 S.C.SUIT NO.1227 OF 2008 S.C.SUIT NO.1227 OF 2008 Tata Teleservices (Maharashtra) Ltd. .. Applicants V/s. Municipal Corporation of Grater Mumbai. ..Respondents Mr.Amit Jamsandekar & V.Jain i/b. M/s.D.H.Law & Assciates for the Appellants. Ms.Geeta Jogalekar for the Respndents. CORAM : S.J.VAZIFDAR, J. CORAM : S.J.VAZIFDAR, J. CORAM : S.J.VAZIFDAR, J. DATE : 17TH OCTOBER, 2008. DATE : 17TH OCTOBER, 2008. DATE : 17TH OCTOBER, 2008. P.C. :- P.C. :- P.C. :- . Admit. Heard finally. 2. Considering the facts and circumstances of the case indicating the fact that the predecessor of the Appellant/Plaintiff had sought permission for the said construction and that the same has not been rejected and in view of the fact that the assessment has been :: 2 :: paid regularly for about six years, the ends of justice would be met by permitting the Appellant to make an application for regularisation. It is also pertinent to note that there is no objection by the Society for the same. The Appeal from order is disposed of by the following order : :: O R D E R :: :: O R D E R :: :: O R D E R :: . The Appellants shall be at liberty to make an application for regularisation in respect of the said structure or to make a fresh application for a similar structure on or before 17th November, 2008 to the Executive Engineer Buildings and Proposals Development, Western Suburb. The application shall be without prejudice to all the rights and contentions of the Appellant indicating those already raised in the suit. This is because the application if granted would render further consideration of the matter unnecessary. ii. Status-quo shall be maintained in respect of the suit structure till the decision of the application and for a period of four weeks :: 3 :: thereafter, if it is adverse to the Appellants. iii. All the rights and contentions are kept open including those that have been already raised. (S.J.VAZIFDAR, J.) (S.J.VAZIFDAR, J.) (S.J.VAZIFDAR, J.)