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Bombay High Court

Smt. Zaibunnisa Anwar Choudhary vs The Municipal Corporation Of Greater on 17 February, 2020

Author: R.D. Dhanuka

Bench: R.D. Dhanuka

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                                                             12-CAF3736.18



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

                CIVIL APPLICATION NO.3736 OF 2018
                               IN
                  FIRST APPEAL NO. 1353 OF 2010
Rizwan Ahmed Khan & Anr.                       .....Applicants

IN THE MATTER BETWEEN

Municipal Corporation of Greater Mumbai        ..... Appellants
      VERSUS
Ahmedullah Fakrullah Khan,
Since deceased through his legal heirs
Rizwan Ahmed Khan & Anr.                       .....Respondents

                         ALONGWITH
            CIVIL APPLICATION NO.1592 OF 2010
                                IN
                FIRST APPEAL NO. 1353 OF 2010
Municipal Corporation of Greater Mumbai   ..... Applicants
      VERSUS
Ahmedullah Fakrullah Khan,
Since deceased through his legal heirs
Rizwan Ahmed Khan & Anr.                  .....Respondents

                          ALONGWITH
                CIVIL APPLICATION NO.2126 OF 2018
                               IN
                  FIRST APPEAL NO. 1353 OF 2010
Smt. Zaibunnisa Anwar Choudhary                .....Applicant

IN THE MATTER BETWEEN

Municipal Corporation of Greater Mumbai        ..... Appellants
    VERSUS
Ahmedullah Fakrullah Khan & Anr.               .....Respondents
Mr.V.S.Kapse for the Applicants in CAF/3736/2018.




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                                                                      12-CAF3736.18


Ms.Sheetal Mane Tadke, i/b. Mr.R.A.Malandkar for the Appellant -
M.C.G.M.

Ms.Sapna Krishnappa for the Intervenor/Applicant in CAF/2126/2019.

                                      CORAM :      R.D. DHANUKA, J.
                                      DATE     :   17th FEBRUARY, 2020
P.C.

Learned counsel for the Municipal Corporation tenders a copy of the order dated 13th February, 2020 passed by the Municipal Corporation stating that considering the precarious conditions of the suit structure, tenantable repairs will not suffice. The structural repairs will be required for which necessary permission needs to be sought from the Building Proposal Department of the Municipal Corporation. Learned counsel undertakes to serve a copy of the said order upon the learned counsel for the respondent no.1 during the course of the day. Undertaking is accepted. Mr.Kapse learned counsel for the respondent no.1 seeks adjournment to consider the effect of the said order. place the matter on board for direction on 25th February, 2020.

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