Mrs. Sarwari Khatoon Mohd.Idris Shaikh v. The Municipal Corporation Of Greater Mumbai

sat ao 294-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 294 OF 2016 IN NOTICE OF MOTION NO. 2349 OF 2015 IN L.C. SUIT NO. 1431 OF 2015 WITH CIVIL APPLICATION NO. 377 OF 2016 Mrs.Sarwari Khatoon Mohd.Idris Shaikh ...Appellant/Orig.Plaintiff Vs.

The Municipal Corporation of Greater Mumbai

...Respondent/Orig.Defendant

Mr.B.S. Shukla for Appellant.

Ms.Madhuri More for Respondents.

CORAM : S.C. GUPTE, J.

DATE : 19 AUGUST 2019 P.C. :

This appeal from order challenges an order passed by the Bombay City Civil Court rejecting the Appellant's notice of motion. The Appellant (original Plaintiff) had sought a temporary injunction restraining the Respondent corporation (original Defendant) from demolishing the suit structure without following due process of law. Since the passing of the impugned order, the suit structure has already been demolished by the Respondent corporation; the appeal from order has, thus, been rendered as infructuous and is disposed of as such. In view of the disposal of the appeal, the civil application does not survive and the same is also disposed of.

(S.C. GUPTE, J.) 1 / 1