1 51 fa.399.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 399 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.M.Gorwadkar with Ms.Sana Y. Bangwala i/b M/s.Khilnani and Company for the Appellants. Mr. N.V.Walawalkar, Senior Counsel, with Mr.Vinod Mahadik for the Respondent-BMC. CORAM : A.S.OKA, J. DATE : 16 th June, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The learned senior counsel appearing for the Respondent pointed out that an application was made by Mr. Girish M. Joshi, Architect for regularization of the Telecommunication Temporary cabin and Antenna on the terrace of the building. He has tendered across the bar a true copy of the communication dated 10 th October, 2007 issued by the Municipal Corporation to Mr.Joshi, Architect informing him that the proposal for regularization cannot be processed. The learned counsel appearing for the Appellants on instructions states that the Appellants had no knowledge about the said communication till the same 2 51 fa.399.11 is tendered in the Court today and that though the said communication is purportedly addressed to the original plaintiff, he has not received the same. 3 On instructions, the learned counsel appearing for the Appellants states that the Appellants desire to adopt appropriate proceedings for challenging the said communication dated 10 th October, 2007. He also states that the Appellants propose to apply for regularization of other part of the offending structure, which is described in the impugned notice under Section 351 of the Mumbai Municipal Corporation act, 1888. 4 He, therefore, seeks permission to withdraw the appeal with liberty to file aforesaid proceedings. He prays that the ad-interim relief granted earlier be extended for a reasonable time to enable the Appellants to take appropriate steps. I have heard the learned senior counsel appearing for the Respondent. 5 The prayer made by the Appellants deserves to be accepted. Ad-interim relief granted by this Court will have to be continued for a period of twelve weeks from today. Accordingly, the appeal is dismissed as withdrawn with liberty to the Appellants to take out appropriate 3 51 fa.399.11 proceedings as set out above. The ad-interim relief which was granted on 3 rd March, 2011 will continue to operate for a period of twelve weeks from today. 6 Civil Application No.732 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]