Mohammed Jaish Nazir Ahmed v. Mr. Rafiullah A.A. Khan

35.3136.18-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.3136/2018 in First Appeal No.739/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. R. D. Soni I/b. Trupti J. Gohil for the Applicant Mr. R. M. Haridas I/b. Amol Mhatre for the Appellant

CORAM

: K.K.TATED, J.

DATED : JUNE 28, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking an order of appointment of a Court Receiver in respect of the suit premises i.e. Shop No.372-3/4 situate at Sangam nagar, S.M.D. Road, Antop Hill, Bombay - 400037 and also restraining the Respondent from carrying out any unauthorised construction.

These facts are denied by the learned counsel for the Respondent.

After hearing for some time, it is agreed between the parties that the Basavraj G. Patil 1/2

35.3136.18-caf.odt Respondent shall not carry out any structural alteration in the suit structure without permission of the Municipal Corporation, if required in law.

To that effect, he has given in writing.

Same is taken on record and marked "X"

for identification.

In view of the statement made by the learned counsel for the Respondent, the learned counsel for the Applicant submits that he does not press the present Civil Application. Hence, the Civil Application stands dismissed, as not pressed.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2