Anis Ahmed Matin Ahmed Ansari v. Bhiwandi Nizampur City Municipal Corporation And ORS.

rsk 1/1 6-WP-6839-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6839 OF 2017 Anis Ahmed Matin Ahmed Ansari ..Petitioner vs.

Bhiwandi Nizampur City Municipal Corporation and Ors.

...Respondents

---- Mr.Bharat Gadhavi i/b Mr. R. D. Suryawanshi for the Petitioner. Mr.N.R. Bubna for the Respondent No.1 and 2.

Mr.Kamran Shaikh for the Respondent No.3.

---- CORAM : A.S. OKA & P. N. DESHMUKH, JJ.

DATE : 23rd FEBRUARY, 2018 P.C.:

.

Mr.Bubna, the learned counsel for the Respondent Nos.1 and 2 on instructions states that the structures subject matter of this petition could not be demolished in view of the order passed by the Civil Court at Bhiwandi in Regular Civil Suit No.162/2017. He states that ad-interim relief was vacated as the application for interim injunction was rejected on 21st February 2018. He states that the Civil Court has extended ad-interim relief for a period of 2 days. He states that the Municipal Corporation has already filed a caveat in the Appellate Court. On instructions, he states that if ad-interim order is not extended in appeal, the action of demolition shall be immediately taken by the Municipal Corporation. 2.

We accept the said statement on instructions. By accepting the said statement, we dispose of the petition.

(P.N. DESHMUKH, J) (A.S. OKA, J.)