Mr. Bharatkumar Teja Choudhari v. The Assistant Municipal Commissioner Bmc,H/W Ward And ANR

81 aost33703-18withcast.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.)NO.33703 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Angad Giri for the appellant Ms.Madhuri More for the respondent no.1 CORAM : K. K. TATED, J DATE : MARCH 12, 2019 P.C.:

Heard.

Ms.Madhuri More appears for Respondent. Therefore,there is no question of service on other side. Same is waived.

By this Appeal from Order, appellant original plaintiff is challenging the order dated 15.11.2018 passed by court below declining to grant ad-interim relief in favour of plaintiff in terms of prayer clause (a).

The learned counsel for the appellant submits that till today they have not received Mohite 1/2

81 aost33703-18withcast.doc copy of order dated 15.11.2018 passed by court below.

Hence, Registry is directed to verify the same from the Trial Court whether the order dated 15.11.2018 is made available to the parties or not.

The learned counsel for the Respondent Corporation submits that they already demolished the suit structure.

In view of these facts, Respondent is directed to file their affidavit stating that, when they demolished the suit structure and report to that effect. Affidavit be filed on or before 20.03.2019 with copy to other side.

Matter to appear on board on 29.03.2019.

Interim protection, if any, granted earlier and which is in force, to continue till next date. (K.K. TATED, J.) Mohite 2/2