1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6343 OF 2008 Shri Yeshwant Awannappa Mabrukar. ..Petitioner. V/s. Municipal Corporation of City of Pune & Ors. ..Respondents. Mr.S.S.Kulkarni for petitioner. Mr.S.M.Gorwadkar for Respondent No.1. Mr.I.Y.Takawane for Respondent No.3. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Counsel for the Respondent No.1 Corporation states on instruction that the regularisation application has been rejected by the appropriate authority on 31st March, 2009. In that view of the matter, nothing would survive for consideration in the present Petition, or for that matter the suit filed by the Petitioner. The Petitioner in turn will have to challenge the correctness of the order dated 31st March, 2009, if so advised. The proceedings will have to be decided on its own merits in accordance with the law, uninfluenced by the disposal of the present Writ Petition or the Suit. 2 2. The Petitioner through Counsel assures to withdraw the Suit pending before the Trial Court before taking recourse to remedy against the order dated 31st March, 2009. That assurance is accepted. 3. To enable the Petitioner to take recourse to appropriate remedy, it is ordered that the Respondents shall not precipitate the matter till 20th April, 2009. If no interim relief is granted by the Court of competent jurisdiction after that date, it will be open to the Corporation to proceed against the disputed structure in accordance with the law. 4. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)