Municipal Corporation Of Greater Mumbai v. Mr. Maxie Joaquim Francis Fernandes And ANR

21.1136.16-caa.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 1136/2016 in Appeal from Order (ST) No. 14294/2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs.Madhuri More for the Appellant Mr. Sahil Mahajan I/b. Chitra A. Salunkhe for Respondent NO.1.

CORAM

: K.K.TATED, J.

DATED : 18/03/2019 P.C.

Heard. By this Civil Application, the Applicant is seeking condonation of 60 days delay in filing the Appeal from Order.

The learned counsel for Respondent No.1 submits that nothing survives in the Appeal from Order in view of the subsequent development. He submits that by this Appeal from Order, the Applicant challenges the order dated 16.01.2016 passed by the Bombay City Civil Court, Mumbai in Notice of Motion No.1313/2013 in L.C.Suit No.1130/2013. He submits that during pendency of the present proceedings, said suit itself has been disposed of by the 1/2

21.1136.16-caa.doc Bombay City Civil Court, Mumbai by order dated 03.02.2017. In support of this contention, the learned counsel for Respondent No.1 has placed on record a true copy of the said order dated 03.02.2017. Same is taken on record and marked "X" for identification.

In view of subsequent events, nothing survives in the present proceedings.

Hence, the Civil Application and the Appeal from Order stand disposed of as infructuous.

No order as to costs.

(K.K.TATED, J.) 2/2