Ram Shiromani S/O. Jugalkishore Tiwari v. Municipal Corporation For Greater Bombay Thr. Municipal Commissioner

44- AOST. 10315-16.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (St.) No. 10315 OF 2018 WITH CIVIL APPLICATION (St.) No. 10318 OF 2018 Ram Shiromani s/o Jugalkishore Tiwari ...

Appellant Vs.

Municipal Corporation of Greater Mumbai & Anr.

...

Respondents *** Mr. Sushil Upadhyay I/b A. M. Saraogi, for the Appellant. Mr. Chetan C. Agrawal, for the Respondent No. 2. *** CORAM : V. M. DESHPANDE, J.

DATE : JUNE 19, 2018 PC :- 1.

Heard learned counsel for the Applicant / Appellant. By filing civil application, directions are sought that the Respondents be restrained by an order of injunction that they should not further damage and / or demolish the Appellant's / Plaintiff's premises. 2.

During the course of submissions, learned counsel for Appellant submitted that the structure in question is demolished and for that Applicant has already taken appropriate steps. In that view of 1 / 2

44- AOST. 10315-16.doc the matter, he submits that present application has rendered infructuous. Civil application is, therefore, disposed of as such. 3.

Learned counsel for Appellant further submits that the entire appeal against the order has become infructuous. He, therefore, seeks leave to withdraw the said appeal. Appeal from order is allowed to be withdrawn and is accordingly disposed of. Sd/- [V. M. DESHPANDE, J.] Vinayak Halemath 2 / 2