Khimji Nathu And ORS v. Municipal Corporation Of Greater Mumbai
aost1530316(907)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST NO. 15303 OF 2016 WITH CIVIL APPLICATION ST NO.15555 OF 2016 Khimji Nathu & Ors ..Appellants Vs.
Municipal Corporation of Gretaer Mumbai & Ors ..Respondents Mr. P. M. Shah a/w Mr M. K. Tanna a/w Mr. Nikhil Dedhia for the Appellant / Applicant Mrs. M. R. Bhoir for the Respondent No.1 Mr. R. M. Pandey for the Respondent No.2 CORAM :
R. M. SAVANT, J.
DATE :
23rd JUNE, 2016 P.C.
The Learned Counsel appearing for the Appellants Mr. Shah states that they would obtain a fresh report from the structural engineer appointed by them within three weeks from date. The Learned Counsel Mr. Pandey appearing for the Respondent No.2 states that he would also obtain the report of the structural engineer appointed by the Respondent No.2 within the same time. For the present the above Appeal from Order is adjourned to 147 2016. In the meantime no coercive action to be taken. However, it is made clear that the occupation of the building in question by the Appellants / tenants would be at their own risk as to costs and consequences and that the Respondent No.2 or the Municipal Corporation of Greater Mumbai or the other Government authorities would not be liable if any untoward incident takes place.
[R.M.SAVANT, J] mmj