Shri. Vijay Kumar Sadashiv Aaphale And ORS v. Rajaram Maruti Prabhune And ORS

(13)-WP-6383-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6383 OF 2014 Shri. Vijay Kumar Sadashiv Aaphale and others .. Petitioners

Versus

Rajaram Maruti Prabhune and others .. Respondents Mrs. Sujata S. Mogre, for the Petitioners.

Ms. Prabha U. Badadare, for the Respondent No.1. Mr. G. K. Gole, for the Respondent No.2.

CORAM : R.M. SAVANT, J.

DATE : 5th FEBRUARY 2016 P.C.

1.

It seems that after the impugned order dated 27.02.2014 was passed by the Lower Appellate Court, the premises in question which the Petitioners claim that they were in occupation have been demolished by the Respondent No.2. Since the said fact has overtaken the consideration of the application for injunction, no useful purpose would now be served by considering the above Petition which raises a challenge to the order vacating the injunction. Hence, in view of the said supervening event of the premises have been demolished, the above Petition challenging the said order dated 27.02.2014 has turned infructuous and is disposed of as such. However, it would be open for the Petitioners to move an BGP.

(13)-WP-6383-14.doc appropriate application in the Trial Court to bring the subsequent facts on record and seek appropriate reliefs based thereon. [R.M. SAVANT, J] BGP.