IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO. 940 of 2004

In

Notice of Motion NO.2711 of 2004

In

L.C.suit No.3247 of 2004

Indrakumar Sundarji Parmar ...Appellant

V/s

The Municipal Corporation of

Greater Bombay, Bombay ... Respondent

Shri S.S.Redekar for Appellant

Ms Geeta Jogalekar for Respondetn

CORAM:A.S.OKA,J.

DATED:18th Feb. 2005

ORAL JUDGMENT :-

1. The Advocate appearing for the Appellant

plaintiff has placed on record an Undertaking of the

Appellant, his wife, daughter in law and his son. In

the Undertaking they have stated that they will

remove the suit structure at their own costs on or

before 31-5-2005. They have also stated that they

will withdraw L.C.suit NO.3247 of 2004 pending in the

trial Court.

2. The learned Advocate for the Appellant submitted

that in view of this solemn undertaking given by the

Appellant and his adult family members, the Appellant

be granted time to remove the suit structure upto

31-5-2005. He states that Undertaking is given by

all the adult members of the family of the Appellant.

I have also heard the learned Advocate appearing for

the Respondent.

3. The Undertaking is accepted. Undertaking is

taken on record and marked ’X’ for identification.

In view of the Undertaking I pass the following

order:

i. The appeal is dismissed as withdrawn with no

order as to costs.

ii. L.C.Suit No.3247 of 2004 pending in the trial

Court is also dismissed as withdrawn with no order as

to costs.

iii. Notwithstanding dismissal of the suit and

appeal, the Respondent Corporation will not demolish

the suit structure till 31-5-2005.

iv. The Appellants are granted time to remove the

suit structure till 31-5-2005

v. Till 31-5-2005 or till the date of removing the

structure, the Appellant will not create any third

party interest in respect of the suit structure or

will not part with possession of the structure.

vi. In case the suit structure is not removed by the

Appellant on or before 31-5-2005, it will be open for

the Respondent Corporation to immediately demolish

the same.

vii. Notwithstanding dismissal of the suit and

demolition of the structure it will be open for the

Appellant to apply to the competent authority for

grant of permanent accommodation in the event he is

entitled to such accommodation in accordance with

law. If such application is made, the concerned

authority will decide the said Application without

being influenced by the dismissal of the suit.

viii The trial Court will pass formal order of

dismisal of the suit on production of authenticated

copy of this order.

ix Parties to act on authenticated copy of this

order.

( A.S.OKA,J.)