:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION FIRST FIRST FIRST APPEAL NO. 1466 OF 2006 APPEAL NO. 1466 OF 2006 APPEAL NO. 1466 OF 2006 .......................................................... Office Notes, Office Memorandum of Coram, appearance, Court’s Court’s or Judge’s orders or directions and orders Registrar’s orders .......................................................... Ms. Geeta Shastry for the Appellant. Mr. J.J. Xavier for the Respondents. CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 21ST FEBRUARY 2008 : 21ST FEBRUARY 2008 : 21ST FEBRUARY 2008. P.C. P.C. P.C. : : : . An affidavit of the Constituted Attorney of the Appellant is taken on record and marked ‘X’ for identification. In view of the said affidavit, the following order is passed :- (i) The Appeal is dismissed as unconditionally withdrawn. No order as to costs. (ii) If an application for regularization of the suit structure is made by the Appellant within a period of three months from today, the same shall be decided by the concerned authority :2: of the Respondent - Corporation within a period of two months from the date of the receipt of the application. (iii) If application fo regularization is made within a period of three months from today, for a period of six months from today, the suit structure shall not be demolished by the Respondent - Corporation. If the Appellant fails to apply for regularization within the period of three months from today, it will be open for the Respondent - Corporation to proceed with the demolition of the suit structure immediately after completion of the period of three months. (iv) The order passed by the Municipal Corporation on proposal for regularization of the Appellant, if any, shall be communicated by the Respondent - Corporation to the Architect of the Appellant. :3: (v) The Application for regularization shall be decided on its own merits. (vi) Parties to act upon an authenticated copy of this order. 2. The Civil Application Nos. 2878 of 2006 and 3153 of 2006 do not survive and are accordingly disposed of. JUDGE JUDGE JUDGE