1 69 fa.1530.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 1530 OF 2011 Peter Lawrence Gudinho. ... Appellant Versus The Municipal Corporation of Greater Mumbai. ... Respondent ----- Mr. D.S.Sawant h/f Mr.Rajesh B. Parab for the Appellant. Mr. Vinod Mahadik for the Respondent / BMC. ----- CORAM : A.S.OKA, J. DATE : 26 th September, 2011. P.C. 1 The learned counsel appearing for the Appellant on instructions of the Appellant, who is personally present in the Court, seeks permission to withdraw the appeal. He states that as the Appellant desires to apply for regularization of the suit structure, protection may be extended for a limited period. 2 I have heard the learned counsel appearing for the Respondent. 3 Hence, I pass the following order: i. The appeal is dismissed as withdrawn. There 2 69 fa.1530.11 will be no order as to costs ; ii. It will be open for the Appellant to make an application for regularization of the suit structure within a period of eight weeks from today ; iii. The application shall be made to the concerned Executive Engineer (Building Proposal) of the Respondent – Corporation through a licensed architect ; iv. If the application for regularization is made as aforesaid, the concerned Officer shall decide the said application within a period of twelve weeks from the date on which the application is received; v. The order on the said application shall be communicated either to the Appellant or to his Architect within a period of one week from the date on which the order is passed ; vi. The ad-interim relief granted by this Court on 20 th June, 2011 will continue to operate till the 3 69 fa.1530.11 disposal of the application for regularization ; vii. If the order passed on the application for regularization is adverse to the Appellant, the ad-interim relief shall continue to operate for a period of four weeks from the date on which the order is communicated either to the Appellant or to his Architect, whichever is earlier ; viii. If the application for regularization is not made within the stipulated time, it will be open for the Respondent – Corporation to proceed with the action of demolition on completion a period of eights weeks from today ; and ix. The Civil Application No.2386 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]