Mr. Naim Khan Mohammed Ali Khan v. The Municipal Corporation Of Greater Mumbai And ORS

rsk AO-955-14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.955 OF 2014 WITH CIVIL APPLICATION NO.1161 OF 2014 IN APPEAL FROM ORDER NO.955 OF 2014 Mr. Naim Khan Mohammed Ali Khan ..Appellant Vs.

The Municipal Corporation of Greater Mumbai & Ors.

..Respondents ....

Mr. J. N. Jayale for the appellant .

Mr. A. V. Diwate for the respondent/BMC.

....

CORAM : N.M. JAMDAR, J.

DATED : 22 MARCH 2016 P.C.:

.

The appellant challenges the order dated 8 August 2014 passed by the City Civil Court, Dindoshi refusing to grant adinterim order in favour of the appellant. Appellant expired in the year 2014. There is no protection in this appeal. In the impugned order, the learned City Civil Judge has recorded that the structure is demolished after following due process of law. Therefore, in this appeal no relief as prayed for can be granted. 2.

Mr.Jayale, learned counsel for the appellant submits that during pendency of the appeal, the structure is required to be

rsk AO-955-14.sxw protected from encroachments. It is open to the appellant to take out notice of motion in that regard which will be considered on its own merits by the City Civil Court.

3.

Appeal from order is disposed of. In view of disposal of the appeal, Civil Application does not survive and is accordingly disposed of.

(N.M. JAMDAR, J.)