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Bombay High CourtCAA/367/2018disposed off

P. Abdul Razzak v. Municipal Corporation Of Greater Mumbai,Thr.Asst..Commissioner B.M.C. H West Ward

2018-09-27Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.367 OF 2018 IN APPEAL FROM ORDER (STAMP) NO.12853 OF 2018 [REJECTED CASE NO.568 OF 2018] P. Abdul Razzak .... Applicant V/s.

Municipal Corporation of Greater Mumbai .... Respondent Mr. Anand H. Singh for the Applicant.

Mrs. Madhuri More for the Respondent-Municipal Corporation. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 27 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Mr. Singh, learned counsel for the Applicant, and Mrs. More, learned counsel for the Respondent-Municipal Corporation. 2.

This is an application for restoration of the Appeal, which came to be dismissed for default for non-removal of office objections and that too, after obtaining the order of interim relief on 4th May 2017. 3.

Learned counsel for the Respondent-Municipal Corporation points out that, in view of the dismissal of the Appeal, the suit structure is 1/2 908-CAA-367-18.doc

already demolished yesterday. The photographs to that effect, along with the 'Demolition Report', is also produced before the Court, which is taken on record and marked "X" for the purpose of identification. 4.

In view thereof, the present Civil Application for restoration of the Appeal has become infructuous; hence, the same stands dismissed. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 908-CAA-367-18.doc