1 fa850-851 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.850 OF 2011 Vidyasagar R.Pandey ...Appellant vs. The Municipal Corporation of Greater Mumbai ...Respondent ALONG WITH FIRST APPEAL NO.851 OF 2011 Ram Lautan Pandey ...Appellant vs. The Municipal Corporation of Greater Mumbai ...Respondent Mr.Anil Singh i/b YKS Legal for the appellant Mr.Vinod Mahadik for the respondent-BMC CORAM : A.S.OKA,J. DATE : OCTOBER 13, 2011 P.C.: 1 The learned counsel for the appellant on instructions of the appellant in both the appeals seeks permission to withdraw the appeals unconditionally. However, he prays that protection may be granted for a limited duration to enable the appellant in both the Appeals to apply for regularization of the suit structure and/or for allotment of alternative accommodation in lieu of suit structure. The request made by the learned counsel for the appellant deserves to be accepted. I have also heard the learned counsel for the respondent. 2 fa850-851 2 Hence, I pass the following order : i) Appeals are dismissed as unconditionally withdrawn. ii)It will be open for the appellant in both the appeals to apply for regularization of the suit structure and/or for grant of alternative accommodation by making appropriate application before the appropriate authority of the respondent-Corporation within a period of three months from today. If the application is filed within stipulated period, the same shall be decided by the respondent-Corporation within a period of three months from the date of receipt of the same. iii)A copy of the order passed on the said application shall be served to the appellant within a period of one week from the date of passing the order. iv)Ad-interim relief granted earlier will continue to operate till the disposal of the application which will be made by the appellant. v) If the order passed on the regularization application is adverse to the appellant, the ad- interim relief will continue to operate for a period of six weeks from the date of communication of the said order to the appellant. vi)If the appellant in both the Appeals fail to apply for regularization within a period of three months from today, it will be open for the respondent-Corporation to proceed with the action of demolition of suit structure on expiry 3 fa850-851 of period of three months from today. vii)Pending Civil Application nos.903 and 904 of 2011 do not survive and the same are disposed of. JUDGE