1 fa219 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.219 OF 2011 Prakash D. Jakhotia ...Appellant vs. Municipal Corporation of Greater Mumbai ...Respondent Ms A.S.Malvankar for the appellant Ms K.K.Soraan for the respondent CORAM : A.S.OKA,J. DATE : MARCH 10,2011 P.C.: 1 The learned counsel for the appellant states that the appellant may be permitted to withdraw the appeal unconditionally. However, she prays that the appellant may be permitted to apply for regularization. 2 Hence, I pass the following order : i) First Appeal is dismissed as unconditionally withdrawn. ii)It will be open for the appellant to apply to the Executive Engineer (Building Proposal), Bandra for regularization of the suit structure in a prescribed form within a period of eight weeks from today. iii)If application for regularization is made within stipulated time, the same shall be decided within a period of 12 weeks from the date on which the application for regularization is received by the concerned Officer. iv)The concerned Officer will communicate the order passed on the said application either to the appellant or to his Architect within a period of one 2 fa219 week from the date of passing the said order. v) If application for regularization is made within eight weeks from today, both the parties will maintain status quo as of today in respect of the disputed structure till the date on which the order passed on the regularization application is communicated to the appellant. vi)If order passed on the regularization application is adverse to the appellant, the order of status quo will continue to operate for a period of four weeks from the date on which order passed on regularization application is communicated to the appellant or to his Architect. vii)If the appellant fails to apply for regularization within a period of eight weeks from today, it will be open for the respondent-Corporation to proceed with demolition of the disputed structure. viii)All contentions of the parties on the issue of demolition are kept open. JUDGE