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Bombay High CourtAO/1238/2015dissmiss for defaultnonprosecution

Sardar Krishan Singh v. The Brihanmumbai Municipal Corporation

2018-09-10Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1238 OF 2015 ALONG WITH CIVIL APPLICATION NO.1565 OF 2015 Sardar Krishan Singh .... Appellant-Applicant V/s.

The Brihanmumbai Municipal Corporation, Mumbai .... Respondent None for the Appellant-Applicant.

Mrs. Madhuri More for the Respondent-MCGM.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 10 TH SEPTEMBER, 2018.

P.C. :

1.

None present for the Appellant.

2.

Advocate Tushar Kochale, learned counsel for the Appellant, has, on 30th July 2018, filed a pursis seeking discharge from this Appeal. 3.

Learned counsel for the Respondent-Municipal Corporation points out that the Trial Court has observed in paragraph No.1 of its order that, Respondent-Municipal Corporation has produced on record the photographs showing that the demolition of the suit structure is already done on 4th December 2014.

4.

In view thereof, no interference is warranted in the impugned 1/2 AO-1238-15.doc

order passed by the Trial Court, refusing the ad-interim relief and that is the reason why the Appellant is not interested in the matter. The Appeal, along with Civil Application thereto, therefore, stands dismissed for default.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 AO-1238-15.doc