Mrs. Florine Wd/O Winston Lobo v. City Maker Builders Private Limited And ANR

7-AOST14764-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST NO. 14764 OF 2017 WITH CIVIL APPLICATION ST NO. 14766 OF 2017 Florine Wd/o Winston Lobo ...Appellant

Versus

City Maker Builders Pvt Ltd & Anr

...Respondents

Mr Anand Mishra, i/b AM Saraogi, for the Appellant.

Mr Deepak J Lulia, for Respondent No. 1.

Ms Jaya Bagwe, i/b S Deshmukh, for Respondent No. 2. CORAM: G.S. PATEL, J DATED:

17th July 2017 PC:- 1.

The Appeal is directed against an order dated 6th May 2017. A settlement is not possible. The impugned order rejected adinterim relief. 2.

In the meantime, the structure in question has been demolished.

3.

Nothing survives in the Appeal.

17th July 2017

7-AOST14764-17.DOC 4.

The Appeal is dismissed. No order as to costs. 5.

The Civil Application does not survive and is disposed of as infructuous.

6.

The Plaintiff is at liberty to approach the Trial Court for suitable amendment, if thought necessary. That Application, as also the Notice of Motion and the Suit will be decided on its own merits uninfluenced by the order under Appeal.

(G. S. PATEL, J) 17th July 2017