1 ao227 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.227 OF 2011 Dadi manchershaw Patel ...Appellant vs. Municipal Corporation of Greater Mumbai & Anr. ...Respondents Mr.Aditya Chitle i/b Mr.A.M.Saraogi for the appellant None for the respondents CORAM : A.S.OKA,J. DATE : FEBRUARY 25,2011 P.C.: . Not on board. Taken on board. 1 The learned counsel for the appellant on instructions of the appellant prays that the appellant may be permitted to withdraw the suit and he may be permitted to apply for regularization of the offending structure. He states that the application for regularization shall be filed within a period of eight weeks from today. 2 Hence, I pass the following order : i) L.C.Suit no.365 of 2011 and the present appeal from order stand dismissed as unconditionally withdrawn. ii)It will be open for the appellant to apply for regularization of the suit structure within a period of eight weeks from today by making an application in prescribed form to the Executive Engineer (Building Proposal H & K Ward) of the respondent- Corporation. The application shall be made in accordance with the relevant rules. iii)If such application is made within stipulated 2 ao227 time, the same shall be decided by the concerned Officer of the respondent-Corporation within a period of 12 weeks from the date on which the application is received. iv)The order passed on the application for regularization shall be communicated by the first respondent-Corporation to the appellant or his Architect within a period of one week from the date of passing the order. v) Till the date on which the decision of the application for regularization is communicated to the appellant or his Architect, the appellant and the Municipal Corporation will maintain status quo as of today in respect of the disputed structure. vi)If the order passed on the regularization application is adverse to the appellant, the order of status quo will continue for a period of four weeks from the date on which the communication is received by the appellant or his Architect. vii)If the appellant fails to apply for regularization within stipulated period of eight weeks from today, it will be open for the first respondent to proceed with the work of demolition. viii)This order is passed without prejudice to the rights and contentions of the second respondent. ix)Civil application no.335 of 2011 does not survive and the same is disposed of. x) Parties to act upon an authenticated copy of this order. xi)The trial Court will pass a formal order on the suit in terms of this order. JUDGE