1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10447 OF 2009 Sambhaji Kondiba Gawali Petitioner versus Lonavala Municipal Council Respondent Ms.Rutuja Ambekar for petitioner. Mr.A.A.Garge for respondent. CORAM : A.S.OKA, J. DATE : 15th February 2010 PC :- 1. Learned counsel for the petitioner has placed on record the affidavit of the petitioner. The affidavit is marked "X" for identification and the same is taken on record. The undertakings recorded in the said affidavit are accepted. In view of the affidavit, the petition is disposed of by passing following order :- A) Regular Civil Suit No.53 of 2005 filed by the petitioner stands dismissed as withdrawn; B) If an application is made by the petitioner to the respondent for 2 regularization of the suit structure within a period of two weeks from today, the said application shall be considered by the respondent on its own merits; C) The application shall be disposed of within a period of twelve weeks from the date on which the same is filed by the petitioner; D) If application for regularization is filed within a period of two weeks from today, status-quo as of today shall be maintained in respect of the offending structure till the date on which the application for regularization made by the petitioner is decided by the respondent; E) Order passed on the application for regularization, if made by the petitioner, shall be communicated to the petitioner at the address mentioned in the cause title of the petition within a period of two weeks from the date of passing of the order; F) If application for regularization is rejected, for a period of four weeks from the date on which order is communicated to the petitioner, the parties will maintain status-quo in respect of the suit structure; G) If the petitioner fails to apply for regularization within two weeks 3 from today, the protection granted to the petitioner will not apply and it will be open for the respondents to proceed with demolition of the suit structure on expiry of period of two weeks from today; H) The Trial Court and the Municipal Corporation to act on an authenticated copy of this order; I) The Trial Court will pass a formal order on the suit filed by the petitioner on production of an authenticated copy of this order. (A.S.OKA, J.)