ash 1 44ao-1170.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 1170 OF 2010 Shri Vishal Shekhar Pujari. .. Appellant Vs The Municipal Corporation of Gr. Mumbai. .. Respondent -- Shri N.B. Shukla i/by Shri B.P. Shukla for the Appellant. Smt. K.K. Soraan for the BMC. -- CORAM ; A.S. OKA, J DATED : 7TH MARCH, 2011 P.C. Learned counsel appearing for the Appellant on the instructions of the Appellant seeks permission to unconditionally withdraw the suit and the appeal. He, however, prays that the application for regularisation proposed to be made by the Appellant be considered by the Respondent-Corporation on its own merits. He seeks a limited protection. 2. Hence the Appeal is disposed of by passing the following order:- (a) L.C. Suit No. 1570 of 2010 is dismissed as unconditionally withdrawn with no orders as to costs. ash 2 44ao-1170.10 (b) The Trial Court will pass a formal order on the suit on the basis of this order. (c) If application for regularisation of the suit structure is made by the Appellant in accordance with the rules to the appropriate officer/appropriate authority of the Respondent-Corporation within a period of eight weeks from today, the same shall be decided by the concerned officer within a period of 12 weeks from the date of making the application. (d) The order passed on the application for regularisation shall be communicated either to the Appellant or to his Architect within a period of one week from the date on which the order is passed. (e) If application for regularisation is made within a period of eight weeks from today, the parties will maintain status quo in respect of the offending structure till the date on which the order passed on the application for regularisation is communicated either to the Appellant or to his Architect. ash 3 44ao-1170.10 (f) In the event, the order 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 the order is communicated either to the Appellant or to his Architect. (g) In the event of the failure of the Appellant to apply for regularisation within a period of eight weeks from today, it will be open for the Respondent- Corporation to proceed with the action of demolition of the offending structure. (h) Subject to what is directed above, the Appeal stands dismissed with no orders as to costs. (i) All contentions of the parties on merits of the application for regularisation are kept open. (j) Civil Application No.1446 of 2010 does not survive and the same is disposed of. ( A.S. OKA, J )