: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.790 OF 2009 Mansukh Nanji Karia .. Appellant V/s. Municipal Corporation for Brihan Mumbai .. Respondent ..... Mr. G.S.Bhat for the appellant Mr. Vinod Mahadik for the respondent-BMC ..... CORAM : R.Y. GANOO, J. DATE : 15TH JUNE, 2009. P.C. : 1. The respondent issued notice under Section 351 of the Corporation Act and the procedure to decide whether the said Notice was proper or not was over in as much as the competent officer passed order against the appellant and observed that the impugned structure covered in the Notice under Section 351 is illegal. The appellant instituted the suit in the City Civil : 2 : Court being L.C.S.No.3388 of 2003 so as to challenge the said order passed by the Officer of the Municipal Corporation as also to validity of the notice. The said suit came to be decided by the learned Judge of the City Civil Court by judgment and decree dated 13 th May, 2009. He dismissed the suit. Against the said judgment and decree, this First Appeal is filed. 2. In the midsts of the argument, learned advocate Mr. Bhat appearing on behalf of the appellant upon instructions from the appellant who is present in the Court submitted that the appellant is interested in applying for regularization. If this is the position, this Court need not go into the question whether the impugned judgment and decree is required to be interfered or not. Liberty is required to be granted to the appellant to apply for regularization and orders will have to be passed to arrive at the interim arrangement till application for regularization is disposed of. The first appeal is therefore being disposed of by passing following order. : 3 : ORDER . The appellant is at liberty to apply for regularization of the impugned structure by putting up regular proposal for regularization through an Architect. . The appellant shall submit the said proposal for regularization in accordance with the provisions of law on or before 31 st July, 2009. The said proposal shall be submitted in the office of Executive Engineer, Building and Proposal, City having his office situate at Byculla. If such a proposal is submitted on or before 31 st July, 2009, the said Officer shall consider the proposal on merits and decide the said proposal. Said Officer shall communicate the said decision on the said application to the appellant and his Architect. If the decision is against the appellant, the Corporation shall not demolish the suit structure for a period of two weeks from the service of the said decision upon the appellant or his Architect whichever is earlier. Needless to mention that during the time when the proposal is under consideration, the Corporation shall : 4 : not demolish the suit structure. . If the proposal is not submitted on or before 31 st July, 2009, it will be taken that the appellant is not interested in submitting the proposal for regularization and in that case the judgment and decree passed by the learned Judge of the City Civil Court in the L.C.S. No.3388 of 2003 shall stand confirmed and that the Corporation will be free to demolish the impugned structure on or after 1 st August, 2009. . No views are expressed on the merits as to whether the impugned structure is legal or illegal. . First Appeal stands disposed of in the above terms with no order as to costs. . In view of the aforesaid order in the First Appeal, Civil Application No.2277 of 2009 is disposed of with no order as to costs. (R.Y. Ganoo, J.)