Appeal disposed of as infructuous because respondents constructed a new wall abutting the suit wall pending the appeal, rendering a mandatory injunction prayer unworkable. The decree of declaration remains unimpugned.
Appeal disposed of as infructuous with liberty; no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.536 OF 1989
Arvind Mohanlal Shah and Anr. .. ..Appellants
Versus
M/s.Vasantlal M.Shah & Co. & Anr.. ..Respondents
Mr.V.B.Rajure for appellants
None for respondents
CORAM : P.V.KAKADE, J.
DATE : 24TH AUGUST, 2005.
P.C.:
1. Heard the learned counsel for the appellants.
None appears for the respondents.
2. The learned counsel for the appellants state
that the respondents have constructed new wall abutting
the suit wall pending the appeal. In view of this
subsequent event of construction of new wall by the
respondents abutting the suit wall the prayer of
mandatory injunction has become infructuous and
therefore, the appeal is disposed of as has become
infructuous with liberty. It is made clear that the
decree of declaration of ownership of suit wall of the
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trial court, which is confirmed in Appeal by the
appellate court is not impugned in this appeal. The
appeal accordingly disposed of as has become infructuous
with liberty with no order as to costs.
1 provisions across 1 enactments
Arvind Mohanlal Shah and Anr.
M/s. Vasantlal M. Shah & Co. & Anr.
P.V. Kakade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court