Kumar Dayal Kanal And ORS v. The Municipal Corporation Of Greater Mumbai

rsk AO-520-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.520 OF 2015 WITH CIVIL APPLICATION NO.660 OF 2015 IN APPEAL FROM ORDER NO.520 OF 2015 Kumar Dayal Kanal & Ors.

..Appellants Vs.

The Municipal Corporation of Greater Mumbai ..Respondent WITH CIVIL APPLICATION NO.661 OF 2015 IN APPEAL FROM ORDER NO.520 OF 2015 Bandra Happy Home Co-operative Housing Society Limited ..Applicant/Intervenor In the matter between:

Kumar Dayal Kanal & Ors.

..Appellants Vs.

The Municipal Corporation of Greater Mumbai ..Respondent ....

Ms. Harbans Kaur i/b K. P. Tiwari & Co for the appellant in AO 520/2015 and CA No.660/2015 Mr. Joel D'Souza i/b Mr. S. M. Kamble for the applicant in CA No.661/2015.

Mr. S. K. Sonawane a/w Mr. A. V. Diwate for the respondent. ....

rsk AO-520-15.sxw CORAM : N.M. JAMDAR, J.

DATED : 14 MARCH 2016 P.C.:

.

Ms. Kaur, the learned counsel for the appellants states that the structure in question has been regularized by the Municipal Corporation, during the pendency of this appeal and, therefore cause of action does not survive.

2.

Mr. Joel D'Souza, the learned counsel for the intervenor states that the intervenor has challenged the order of the Municipal Corporation regularizing the suit structure.

3.

Since the appellants state that the cause of action does not survive, appeal is disposed of as infructuous. All contentions of the parties including that of the intervenor as regards merits of regularization are kept open to be decided in the writ petition stated to be filed by the intervenor.

4.

Appeal is disposed of. In view of disposal of the Appeal, Civil Applications does not survive.

(N.M. JAMDAR, J.)