1 ao238 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.238 OF 2011 Ram Lotan Balikaran Jaiswar ...Appellant vs. The Municipal Corporation of Greater Mumbai ...Respondent Mr.L.S.Shukla for the appellant Mr.J.J.Xavier for the respondent CORAM : A.S.OKA,J. DATE : MARCH 23,2011 P.C.: 1 The learned counsel for the appellant on instructions of the appellant seeks permission to withdraw the suit unconditionally as appellant desires to apply for regularization of the suit structure. Accordingly, appeal is disposed of by passing the following order : i) L.C.Suit no.297 of 2011 is dismissed as withdrawn. ii)It will be open for the appellant to apply for regularization of the suit structure by making an application in accordance with rules to the Executive Engineer (Building Proposal), Western Suburbs having his office at Kandivali within a period of eight weeks from today. Application shall be made through a licensed Architect. iii) If such application is made within a period of eight weeks from today, the same shall be decided by the concerned Officer within a period of twelve weeks from the date of receipt of such application. iv)The order passed on said application shall be communicated to the appellant or his Architect 2 ao238 within a period of one week from the date of passing the order. If application for regularization is made within the stipulated period, the parties will maintain status quo as of today in respect of the disputed structure till the date on which order passed on the said application is communicated to the appellant or to his Architect. v) In the event the order is adverse to the appellant, the order of status quo will continue for a period of four weeks from the date on which order is communicated to the appellant or to his Architect. vi)If application for regularization is not made within a period of eight weeks from today, it will be open for the Respondent-Corporation to proceed with the work of demolition. vii)The trial Court will pass a formal order on the suit in terms of this order. viii)Civil application no.349 of 2011 does not survive and the same is disposed of. JUDGE