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Bombay High CourtAO/537/2021disposed off

Harilal M. Patel v. Municipal Corporation Of Mumbai

2022-06-15Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

35.ao.537&538.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FORM ORDER NO. 538 OF 2021 WITH CIVIL APPLICATION NO. 32 OF 2021 WITH CIVIL APPLICATION NO. 31 OF 2021 IN APPEAL FORM ORDER NO. 538 OF 2021 Lalji Patel ..Appellant v/s.

Municipal Corporation of Mumbai ..Respondent APPEAL FORM ORDER NO. 537 OF 2021 WITH CIVIL APPLICATION NO. 30 OF 2021 WITH CIVIL APPLICATION NO. 29 OF 2021 IN APPEAL FORM ORDER NO. 537 OF 2021 Harilal M. Patel ..Appellant v/s.

Municipal Corporation of Mumbai ..Respondent Mr. Prajot H. Jagga a/w Adv. Daksha A. Parmar, for the Appellant/Original Plaintiff.

Mr. A. Y. Sakhre a/w R. Y. Sirsikar, for the Respondent-MCGM. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 15th JUNE, 2022.

Amol P Jadhav

35.ao.537&538.2021 P.C.

1.

The Appellant has challenge the order dated 2nd May, 2018 whereby learned Judge had refused to grant the ad interim relief. It is stated that during the pendency of the Appeal, both the structures came to be demolished. The Appellant claimed that these structures were demolished after the interim relief granted by this Court, whereas it is the case of the Respondent that the structures were demolished even before the order was intimated to the concern officers. 2.

This controversy can be considered in the Contempt Petition. As on date the structures are demolished and Appeal from Order is infructuous.

3.

Hence, both these Appeals from Order is disposed off. (ANUJA PRABHUDESSAI, J.) Amol P Jadhav