IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1706 OF 2008 FIRST APPEAL NO. 1706 OF 2008 FIRST APPEAL NO. 1706 OF 2008 Abdul Kalam Qureshi alias Qurshi Kalam Rahimulla ... Appellant (Orig. Plaintiff) Vs. Municipal Corporation of Gr.Bombay. Respondents (Orig. defendants) Mr. P.M..Havnur, Advocate, for the appellant. Mr. J.J.Xavier, Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 26th August, 2008. DATE: 26th August, 2008. DATE: 26th August, 2008. P.C. P.C. P.C. 1. According to the plaintiff/appellant, he had made some external repairs to the existing structure and notice under Section 351 of the Bombay Municipal Corporation Act was issued to him. He filed L.c. Suit no.5890 of 1999 challenging that notice. The suit has been dismissed and he has preferred the present Appeal. 2. After some discussion, the learned Counsel for the appellant seeks to withdraw the Appeal with liberty to move the Assistant Municipal Commissioner, "G" North Ward, Mumbai, for regularisation of the work done by him as per the relevant rules. For this purpose, he wants protection for a limited period till decision on his application for regularisation. Mr. Xavier, the learned Counsel for the respondents has no objection for the same. 3. Therefore, the Appeal stands disposed of as withdrawn with the aforesaid liberty. 4. In case the plaintiff/appellant makes an application to the Assistant Municipal Commissioner, "G" North Ward, Mumbai, for regularisation of the work carried on by him within three weeks from this date, the respondents shall take a decision on that application within 8 weeks thereafter. The respondents shall not act upon the notice under Section 351 issued on 22.6.1999 and the consequent order dated 8.9.1999 till decision on the said application. In case the application is rejected, the Corporation shall not act upon the said notice for a further period of two weeks. 5. As the Appeal itself is disposed of, the C.A. No.4420 of 2008 does not survive and stands disposed of accordingly. (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)