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Bombay High CourtAO/357/2017allowed to be withdrawn

Mrs. Sugra Kasam Inamdar v. The Municipal Corporation For Greater Mumbai, Thr. Assistant Commissioner, N/Ward

2017-05-22Hon'Ble Shri Justice M. S. Karnik3 pages

1 AOST.12359/2017-CAAST.12360/2017(913) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER(ST) NO. 12359 OF 2017 WITH CIVIL APPLICATION (ST) NO. 12360 OF 2017 IN APPEAL FROM ORDER(ST) NO. 12359 OF 2017 Sugra Kasam Inamdar Appellant/Applicant Vs.

The Municipal Corporation of Greater Mumbai Respondent Mr. Ditendra Mishra, Advocate for the Appellant Mr. Pradeep Patil, Advocate for the Corporation CORAM : M.S. KARNIK, J.

(VACATION COURT) DATED :22ND MAY, 2017 P.C. :

1.

In view of the subsequent developments i.e. passing of order dated 4th May, 2017 by the Respondents, learned Counsel for the Appellant submits that he will now have to challenge the said order dated 4th May 2017 before the trial Court. He, therefore, submits that nothing would survive in the present Appeal and therefore, seeks leave to withdraw the Appeal.

2 AOST.12359/2017-CAAST.12360/2017(913) 2.

In this view of the matter the Appellant is granted liberty to file an appropriate application for amendment before the trial Court and if the same is filed, the application shall be considered on its own merits.

3.

The Appellant also seeks liberty to amend the Notice of Motion which is pending for grant of interim relief. Liberty as prayed for is granted.

4.

If the Appellant files an application for amendment before the trial Court the same may be considered on its own merits. The trial Court may also consider the Notice of Motion for grant of interim relief on its own merits in view of the subsequent development of passing order dated 4th May 2017.

5.

The ad-interim protection granted by this Court vide order dated 5th May 2017 is continued for a period of 4 weeks from today.

3 AOST.12359/2017-CAAST.12360/2017(913) 6.

Needless to mention I have not expressed any opinion on the merits of the matter. The Appeal is accordingly allowed to be withdrawn. As the Appeal is withdrawn the Civil Application does not survive hence, and the same is disposed of accordingly.

(M.S. KARNIK, J.)