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Bombay High CourtFA/1201/2010disposed off

Shri Abdul Hafiz A.G. Shaikh And ANR v. Brihan Mumbai Mahanagar Palika

2015-10-07Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1197 OF 2010 Sebastian Julius Lobo ... Appellant Vs.

Brihan Mumbai Mahanagar Palika ... Respondent FIRST APPEAL NO. 1198 OF 2010 Shafi Lal Mohamed ... Appellant Vs.

Brihan Mumbai Mahanagar Palika ... Respondent FIRST APPEAL NO. 1199 OF 2010 Mrs. Clara Lobo ... Appellant Vs.

Brihan Mumbai Mahanagar Palika ... Respondent FIRST APPEAL NO. 1200 OF 2010 Smt. Rehana Ansari ... Appellant Vs.

Brihan Mumbai Mahanagar Palika ... Respondent FIRST APPEAL NO. 1201 OF 2010 Abdul Hafiz A.G. Shaikh ... Appellant Vs.

Brihan Mumbai Mahanagar Palika ... Respondent FIRST APPEAL NO. 1202 OF 2010 Ansari Mohd. Iqbal Yakub ... Appellant Vs.

Brihan Mumbai Mahanagar Palika ... Respondent 1 / 3

FIRST APPEAL NO. 1203 OF 2010 Mohamed Shabbir George ... Appellant Vs.

Brihan Mumbai Mahanagar Palika ... Respondent FIRST APPEAL NO. 1204 OF 2010 Smt. Carmeline Lobo ... Appellant Vs.

Brihan Mumbai Mahanagar Palika ... Respondent Mr. Wasim Qureshi i/b. Mr. Bharat A. Punekar, Advocate for the appellants in F.A. Nos. 1199/2010, 1198/2010, 1201/2010, 1203/2010 and 1204/2010.

Mr. J.M. D'Silva, Advocate for the appellants in F.A. Nos. 1197/2010, 1200/2010 and 1202/2010.

Mrs. Mamta Bhoir, Advocate for the respondent/BMC. CORAM: MRS.MRIDULA BHATKAR, J.

DATE : 7th October, 2015 P.C.:

The learned counsel for the appellants submitted that except First Appeal No. 1198 of 2010 which is filed by Shafi Lal Mohamed, they have been instructed to withdraw all other First Appeals, i.e., First Appeal No. 1197 of 2010, First Appeal No. 1199 of 2010, First Appeal No. 1200 of 2010, First Appeal No. 1201 of 2010, First Appeal No. 1202 of 2010, First Appeal No. 1203 of 2010 and First Appeal No. 1204 of 2010, as the chawl structure wherein the suit premises situate is to be redeveloped by demolishing the existing structure and construction of a new building. 2 / 3

2.

The learned counsel for appellants is allowed to withdraw the First Appeals.

3.

First Appeal No. 1197 of 2010, First Appeal No. 1199 of 2010, First Appeal No. 1200 of 2010, First Appeal No. 1201 of 2010, First Appeal No. 1202 of 2010, First Appeal No. 1203 of 2010 and First Appeal No. 1204 of 2010 are dismissed as withdrawn.

4.

The appellants are entitled to refund, if any. 5.

First Appeal No. 1198 of 2010 to appear in the regular course of final hearing.

(MRIDULA BHATKAR, J.) 3 / 3