Mr. Hafiz Munawar S/O. Noor Mohammed Shaikh v. The Municipal Corporation For Corporation Thr. L.Ward Office At Kurla

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.04.27 10:40:52 +0530 11-AO-271-2021.odt SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.271 OF 2021 WITH INTERIM APPLICATION NO.2451 OF 2021 Hafiz Munawar Shaikh ...Appellants Vs BMC ... Respondents ...

Mr. Shrinath K. Dubey for the Appellants.

Mr. R.Y.Sirsikar for MCGM.

CORAM : SANDEEP K. SHINDE J.

DATE : APRIL 26, 2022.

P.C. :

Pending Notice of Motion in Long Cause Suit (St) No.5452 of 2020, notice structure was partly demolished by the Corporation. th November, 2020, Notice of Motion was dismissed. Thereafter, on 10 That order is challenged in this Appeal From Order under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908. Pending Appeal From Order, appellant has moved application seeking leave to re-construct the notice structure, which th November, 2020.

was demolished on 5 Shivgan 1/2

11-AO-271-2021.odt In consideration of the facts of the case and in particular, th November, that part of the notice structure was demolished on 5 2020, I am not inclined to interfere in the impugned order. However, appellant/plaintiff may move the trial Court seeking leave to reconstruct notice structure. If such an application is filed, the trial Court shall decide the same in accordance with law. For the reasons stated above, Appeal From Order is dismissed with application therein.

(SANDEEP K. SHINDE, J.) Shivgan 2/2