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Bombay High CourtAO/168/2016allowed to be withdrawn

Mr. Milind Bhaskar Sawant v. The Municipal Corporation Of Gr. Mumbai And ANR

2016-02-05Hon'Ble Shri Justice R.D. Dhanuka6 pages

ppn 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO.1301 OF 2016 CIVIL APPLICATION (ST.) NO.1302 OF 2016 APPEAL FROM ORDER (ST.) NO.1301 OF 2016 Ajay Karamsingh Rana APPEAL FROM ORDER (ST.) NO.1303 OF 2016 CIVIL APPLICATION (ST.) NO.1305 OF 2016 APPEAL FROM ORDER (ST.) NO.1303 OF 2016 Ajay Karamsingh Rana & Anr.

Appellants APPEAL FROM ORDER (ST.) NO.1309 OF 2016 CIVIL APPLICATION (ST.) NO.1313 OF 2016 APPEAL FROM ORDER (ST.) NO.1309 OF 2016 Ashok Jawaharlal Gupta

ppn 2 APPEAL FROM ORDER (ST.) NO.1310 OF 2016 CIVIL APPLICATION (ST.) NO.1312 OF 2016 APPEAL FROM ORDER (ST.) NO.1310 OF 2016 Maruti Sadashiv Arekar APPEAL FROM ORDER (ST.) NO.1315 OF 2016 CIVIL APPLICATION (ST.) NO.1318 OF 2016 APPEAL FROM ORDER (ST.) NO.1315 OF 2016 Manali Milind Sawant Gr. Mumbai & Anr.

APPEAL FROM ORDER (ST.) NO.1317 OF 2016 CIVIL APPLICATION (ST.) NO.1321 OF 2016 APPEAL FROM ORDER (ST.) NO.1317 OF 2016 Pravin Jawaharlal Gupta

ppn 3 APPEAL FROM ORDER (ST.) NO.1322 OF 2016 CIVIL APPLICATION (ST.) NO.1325 OF 2016 APPEAL FROM ORDER (ST.) NO.1322 OF 2016 Beena Karamsingh Rana APPEAL FROM ORDER (ST.) NO.1327 OF 2016 CIVIL APPLICATION (ST.) NO.1330 OF 2016 APPEAL FROM ORDER (ST.) NO.1327 OF 2016 Vinod Ramprasad Chaurasiya APPEAL FROM ORDER (ST.) NO.1328 OF 2016 CIVIL APPLICATION (ST.) NO.1329 OF 2016 APPEAL FROM ORDER (ST.) NO.1328 OF 2016 Pravin Gupta

ppn 4 APPEAL FROM ORDER (ST.) NO.1332 OF 2016 CIVIL APPLICATION (ST.) NO.1333 OF 2016 APPEAL FROM ORDER (ST.) NO.1332 OF 2016 Sanjay Kumar Ramprasad Chawrasiya APPEAL FROM ORDER (ST.) NO.1335 OF 2016 CIVIL APPLICATION (ST.) NO.1336 OF 2016 APPEAL FROM ORDER (ST.) NO.1335 OF 2016 Milind Bhaskar Sawant Gr. Mumbai & Anr.

APPEAL FROM ORDER (ST.) NO.1340 OF 2016 CIVIL APPLICATION (ST.) NO.1342 OF 2016 APPEAL FROM ORDER (ST.) NO.1340 OF 2016 Sarfaraz Ahmed Shaikh

ppn 5 APPEAL FROM ORDER (ST.) NO.1517 OF 2016 CIVIL APPLICATION (ST.) NO.1519 OF 2016 APPEAL FROM ORDER (ST.) NO.1517 OF 2016 Habib Santbux Shaikh --- Mr.J.Reis,Senior Advocate i/by Ms.Prerna Lalchandani for the appellants. Mr.A.Y. Sakhare, Senior Advocate a/w Mr.S.K.Sonawane a/w Mr.Anil Sakhare a/w Mr.A.V.Diwate a/w Mr.Joel Carlos for respondent no.1MMC. Mr.Suresh Shah i/by Mr.Ramsingh for the appellant in Appeal from Order (St.) No.1517 of 2016 --- CORAM : R.D. DHANUKA, J.

DATE : 5th February 2016 P.C.

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Learned senior counsel for the appellants and the learned senior counsel appearing for the Municipal Corporation state that these appellants have already surrendered their respective premises to the Municipal Corporation. Statement is accepted. 2.

In view of the appellants having surrendered their respective premises to the Municipal Corporation, the Municipal Corporation is at liberty to demolish those structures from the suit site expeditiously. 3.

In view of the statement made by the learned counsel appearing for the appellants, the Municipal Corporation is at liberty to demolish the suit structures on the date already fixed for demolishing the

ppn 6 other structures. The aforesaid appeals are allowed to be withdrawn in view of the aforesaid statement made by the learned counsel for the appellants. The appellants in all the aforesaid matters have agreed to withdraw their respective suits filed in the City Civil Court in respect of the suit structures within one week from today. Undertaking of the learned counsel for withdrawal of the respective suits in the City Civil Court is accepted. In view of the withdrawal of the aforesaid appeals from order, civil applications in each of the aforesaid appeals do not survive and are accordingly disposed of.

R.D. DHANUKA, J.