1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 586 OF 2010 Mr. Kewalchand Amrutraj Mehta & Anr. .. Petitioners. Vs Navi Mumbai Municipal Corporation & Anr. .. Respondents -- Shri S.D. Patil for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 11TH FEBRUARY, 2010 P.C: . Undertakings of the Petitioner No.1 and Petitioner No.2 are taken on record and marked “X” and “Y” for identification, respectively. 2. The learned counsel appearing for the Petitioners seeks permission to unconditionally withdraw the suit as the Petitioners desirous of regularisation of the suit structures. Hence, following order is passed. (a) The Special Civil Suit No.81 of 2009 is dismissed as withdrawn. (b) The learned counsel appearing for the Petitioners on instructions states that an application for regularisation of the suit structure will be made within a period of two 2 weeks from today. The statement is accepted. (c) If such application is made within a period of two weeks from today, the Respondents shall consider the application for regularisation on its own merits and will pass appropriate orders thereon within a period of 12 weeks from the date on which the application is submitted. (d) The order passed on the proposal/application for regularisation shall be communicated to the Petitioners at the addresses of the Petitioners mentioned in the cause title of the Plaint. The order shall be communicated within a period of two weeks from the date on which the application for regularisation is decided. (e) If the application for regularisation is made within a period of two weeks from today, till the date of communication of the order passed on application for regularisation, the parties will maintain status quo as of today in respect of the disputed structures. If the order passed on the application for regularisation be adverse to the Petitioners, the same shall not be acted upon for 3 a period of four weeks from the date on which the said order is communicated to the Petitioners. In such event, it will be open for the Petitioners to challenge the said order by filing appropriate proceedings. (f) If application for regularisation is not made within a period of two weeks from today, the protection granted under this order will not apply and it will be open for the Respondents to proceed with the action of demolition on expiry of the period of two weeks from today. (g) The application for regularisation, if made, shall be decided on its own merits without being influenced by the impugned orders. (h) The Writ Petition is disposed of in above terms. (i) The parties to act upon authenticated copy of this order. (A.S.OKA, J) ash