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Bombay High CourtWP/10900/2019disposed off

Prashant Ganpat Kalangutkar And ORS v. The Minicipal Corporation And ORS

2019-09-26Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

Prod-ASWPL26438.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (L) NO. 26438 OF 2019 1 Mr. Prashant Ganpat Kalangutkar & Ors.

... Petitioners Vs 1 The Municipal Corpn. for Gr. Mumbai & Ors.... Respondents Ms. S.H. Rajah for the Petitioner.

Mr. Santosh Parad for the Respondent-BMC.

CORAM : S.C. DHARMADHIKARI & G.S. PATEL, JJ.

THURSDAY, 26TH SEPTEMBER, 2019 P.C. :

This writ petition was mentioned before us at 3:00 p.m., after recess only to request this Court to intervene in an ongoing demolition. Since there was a demolition and alleged to be going on when the matter was mentioned, on grounds of sympathy we allowed the petitioner's advocate to argue it. SRP 1/2

Prod-ASWPL26438.19.doc We took up this case at the request of the petitioner's advocate at the end as a last case. After we heard her for sometime and we were told that the demolition activity has commenced, portions of the third floor (floor above the petitioner) has already been demolished and also on merits we expressed our disinclination to interfere in the action, on instructions, the petitioner's advocate seeks leave to withdraw the writ petition.

Leave granted. The writ petition is disposed of as withdrawn.

G.S. PATEL, J.

S.C. DHARMADHIKARI, J.

SRP 2/2