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Bombay High CourtAO/68/2019disposed off

Shri Ramanlal D. Solanki v. Municipal Corporation Of Greater Mumbai

2019-01-08Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

43 CAA 18 OF 2016 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.21984 OF 2015 WITH CIVIL APPLICATION NO.18 OF 2016 IN APPEAL FROM ORDER (ST) NO.21984 OF 2015 Ramanlal D. Solanki ...

Appellant.

V/s.

Municipal Corporation of Greater Mumbai ...

Respondent.

Mr. Abhijit Singh i/by Anil R. Mishra, for the appellant.

Mr. Karan Thorat a/w Mr. Manish Acharya a/w Ms. Karishma Agarwal i/by Vigil Juris, for respondent Nos. 2, 3 and 4.

Mrs. Madhuri More for respondent corporation. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 8th JANUARY, 2019.

P.C. :

1] Learned counsel for the appellant fairly concedes that the suit structure has already been demolished. Hence, the appeal has become infructuous.

2] In view thereof, the appeal stands dismissed as withdrawn by learned counsel for the appellant. 3] The Chamber Summons, if any, filed by the appellant before the trial Court for amendment in the plaint be decided by the 1/2

43 CAA 18 OF 2016 trial Court, on its own merits.

4] In view of withdrawal of Appeal itself, pending Civil Application therein becomes infructuous and the same is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2