By consent, the appeal and civil application were disposed of as the unauthorized structure was removed. The appellant agreed to clear remaining debris within one week. No costs awarded.
Appeal and Civil Application dismissed by consent; appellant to remove debris within one week.
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Rng 1
901-.k.bhanage
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.839 OF 2013 with
CIVIL APPLICATION NO.269 OF 2012
Al Aziz Palace Coop Hsg Soc Ltd … .. Appellant
vs
Mirza Mukhtar Ahmed Baig & ors .. Respondents
Mr.Vasin Siddiquie I.b Mr.Kunal Bhanage for Appellant Ms.M.R.Bhoir for BMC
Mr.Ashish Mundad J.E. ( B & F) B Ward present
CORAM: G.S.KULKARNI, J DATE: 15 DECEMBER 2016
P.C.
that the unauthorized structure which was subject matter of the Judgment and decree passed by the trial Court has already been removed. It is stated that a B.E.S.T. cabin is in existence. However, as
it concerns supply of electricity, learned counsel for the respondentplaintiff also agrees that he has no grievance in that regard. Both learned counsel for the appellant and the respondent-plaintiff are adidem that the unauthorized construction being subject matter of the dispute is satisfactorily removed by the Municipal Corporation and the orders passed by the trial Court stands complied.
In view of this, parties agree that this
Appeal can be disposed of in view of these subsequent developments.
Rng 2 901-.k.bhanage
debris which remains on site after demolition of the unauthorized structure would be removed within a period of one week from today by the appellant. Statement is accepted.
{G.S.KULKARNI, J}
Rng 3 901-.k.bhanage
Al Aziz Palace Coop Hsg Soc Ltd
Mirza Mukhtar Ahmed Baig
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
