Second Appeal against an order directing demolition of a temporary shed. The structure was demolished during appeal pendency, rendering the appeal infructuous. The appeal and accompanying civil application were disposed of without adjudication.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.391 OF 2015 WITH CIVIL APPLICATION NO.763 OF 2014 IN
SECOND APPEAL NO.391 OF 2015
Shri. Jaywant Janaku Gawade
…Appellant (Ori. Defendant)
vs.
Mahtma Gandhi Students Hostel, Chandgad And Anr.
…Respondents (Ori. Plaintiffs)
Mr. G.N. Salunkhe, for the Appellant.
Mr. V.S. Talkute, for Respondent Nos. 1 and 2.
CORAM : S.C. GUPTE, J.
DATED : 12 JANUARY 2017
P.C. :
. In this Second Appeal, both the Courts below have by concurrent orders directed the Appellant herein ((Original Defendant) by a mandatory injunction to remove or demolish a temporary shed raised by him on the suit property at his own cost. On the Appellant's failure to remove the shed within the stipulated period, the Respondents were at liberty to remove the shed in execution of the decree. During the pendency of the appeal, considering that there was no protective relief in favour of the Appellant, the Respondents have demolished the shed in
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execution of the decree. The Second Appeal has, thus, become infructuous and the same is disposed of as such. No order as to costs.
( S.C. GUPTE, J. )
Shri. Jaywant Janaku Gawade
Mahtma Gandhi Students Hostel, Chandgad
Anr
S.C. Gup
As recorded by the court registry
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