Shri Satish Vasantrao Ghatwal And Others v. Shri Krishnarao Raghunath Yadav And Others

1134.13-ao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

APPEAL FROM ORDER NO.1134 OF 2013 WITH CIVIL APPLICATION NO. 1343 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Aarti P. Bhide for the Applicant Mr. Mohanish Chaudhari i/b. Kadam & Co. for the Respondent No.14.

CORAM : K. K. TATED, J.

DATE : APRIL 7, 2015 P.C.:

1.

Heard. The Appeal from Order is preferred by the original Plaintiff challenging the order dated 25/09/2013 passed by the Bombay City Civil Court, Mumbai in Notice of Motion No.3352/2013 in suit No.8170/1996 declining to grant ad-interim relief.

2.

In the present proceedings, the plaintiff preferred Notice of Motion No.3352/2013 restraining the Defendants from demolishing/reconstructing the suit property or from carrying out any activity in furtherance to the agreement for development dated 18/06/1995 in favour of Defendant No.14 in respect of the suit Basavraj G Patil 1/2

1134.13-ao property situated on survey No.1813, plot No.103, Shivaji Park Scheme at Mahim, Mumbai.

3.

The learned counsel for the Respondent No.14 makes a statement that the suit building is already demolished long back and they already constructed a new building upto 3rd floor. Statement is accepted.

4.

In view of subsequent development, nothing survives in the present Appeal from Order. Same stands dismissed.

5.

Consequently, the Civil Application stands dismissed as infructuous.

JUDGE Basavraj G Patil 2/2