Md. Gufran Iqbal Khan v. The Municipal Corporation Of Greater Mumbai And ANR

901-aost1511-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO.1511 OF 2016 WITH CIVIL APPLICATION (STAMP) NO.1512 OF 2016 Gufran I. Khan ...Appellant V/s.

The Municipal Corporation of Gr. Mumbai & Anr.

...Respondents

Mr.R.V. Singh for the Appellant.

Mr.A.Y. Sakhare, Senior counsel with Mr.S.K. Sowane and Mr.A.V. Diwate for the Respondent - B.M.C.

CORAM : R.D. DHANUKA, J.

DATE : 9TH FEBRUARY, 2016.

P.C. :- 1.

Mr.Singh, learned counsel appearing for the appellant states that the Municipal Corporation has already shown the alternate premises to the appellant at Andheri, which is already approved by his client and he has agreed to surrender the existing premises to the Municipal Corporation for demolition today itself. The statement is accepted.

2.

Learned counsel appearing for the appellant seeks liberty to withdraw this appeal from order. The appeal from order is dismissed as withdrawn. Learned counsel appearing for the appellant 1/2

901-aost1511-16 undertakes on behalf of his client, who is present in Court, to withdraw the civil suit pending in the Bombay City Civil Court within one week from today. The undertaking is accepted. 3.

In view of the appellant having undertaken to surrender the suit premises to the Municipal Corporation,the Municipal Corporation would be at liberty to demolish the suit structure forthwith.

4.

In view of withdrawal of the appeal from order, the civil application does not survive and is accordingly disposed of. No order as to costs.

5.

The appellant is at liberty to approach the Municipal Corporation for collecting the allotment letter during the course of the day.

(R.D. DHANUKA, J.) 2/2