1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 374 OF 2009 WITH CIVIL APPLICATION NO. 451 OF 2009 Mr.Mehmood Ahmed Khan : Appellant versus Municipal Corporation of Greater Mumbai : Respondents. Shri. Shishir Joshi for the Appellant. Shri Vinod Mahadik for the Respondent-BMC CORAM : R.M.SAVANT, J. DATED : APRIL 01, 2009 P.C. 1. The learned counsel for the Appellant seeks withdrawal of the above Appeal from order so as to file an Application for regularization of the structure covered by the Notice dated 16/01/2009 issued by the Respondent-Corporation. He submits that the said Application for regularization would be made within a period of three weeks from date to the Executive Engineer, Building Proposal, EEBP (City) of the Respondent-Corporation. If such an Application is made 2 by the Appellant, the Executive Engineer of the Respondent- Corporation to decide the same within a period of four weeks of its receipt. In case the decision of the Executive Engineer is adverse to the Appellant, the same not to be implemented for a period of one week. 2. Pending consideration of the said Application for regularization, no precipitative action to be taken by the Respondent- Corporation in respect of the structure covered by the Notice dated 16/1/2009. In the event the Appellant fails to make such an Application as mentioned herein above, the Respondent-Corporation would be at liberty to take action against the offending structure in accordance with law. 3. The above Appeal from order is therefore dismissed as withdrawn with the aforesaid directions. 4. In view of the instant order, the Suit pending in the trial 3 Court would also be withdrawn by the Appellant within one week from date. 5. In view of the withdrawal of the above Appeal from order, the Civil Application No.451 of 2009 does not survive and the same is accordingly disposed of. [R.M.SAVANT, J]