Mr. Kantilal Hiralal Kanojia v. Assistant Municipal Commissioner, 'G' South Mun.Ward And ORS

23 AO 276 OF 2017 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.276 OF 2017 WITH CIVIL APPLICATION NO.361 OF 2017 IN APPEAL FROM ORDER NO.276 OF 2017 Mr. Kantilal Hiralal Kanojia ...

Appellant.

V/s.

Assistant Municipal Commissioner G/South Ward and ors ...

Respondents None for the appellant.

Mrs. Madhuri More, for respondent corporation. Mr. Arunraj S and Ms. Prajakta i/by Diamondwala & Co, for respondent No.2.

Mr. A.P. Kulkarni, for respondent No.3.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 29th JANUARY, 2019.

P.C. :

1] None present for the appellant.

2] Learned counsel for respondent No.3 points out that the Notice of Motion was for interim injunction, restraining respondents from demolishing the suit structure. Learned counsel for respondent corporation submits that the suit structure has already been demolished.

3] In view thereof, the appeal has become infructuous and hence it stands dismissed.

1/2

23 AO 276 OF 2017 4] Later on at 1.00 p.m.

Mr. Kantilal H. Kanojia, the appellant in person present, seeks restoration of the Appeal. However, when the structure itself has been demolished, there is no question of restoration. Hence appellant's request is rejected.

5] In view of disposal of Appeal itself, pending Civil Application therein no more survives and the same is disposed off accordingly.

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