AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.459 OF 2003 CIVIL APPLICATION NO.459 OF 2003 CIVIL APPLICATION NO.459 OF 2003 IN FIRST APPEAL NO.1253 OF 2003 FIRST APPEAL NO.1253 OF 2003 FIRST APPEAL NO.1253 OF 2003 ........................................................... OFFICE NOTES, OFFICE MEMORANDUM OF CORAM, APPEARANCES, COURT’S COURT’S OR JUDGES ORDERS OR DIRECTIONS ORDERS AND REGISTRAR’S ORDERS ........................................................... Shri Pandey i/by M/s Panday & Co for the Applicant. Ms Nisha Dabhade i/by Shri M.D.Patil for the Respondent No.1. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. CORAM : A. S. OKA, J. DATE : FEBRUARY 14, 2007. DATE : FEBRUARY 14, 2007. DATE : FEBRUARY 14, 2007. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the Advocate for the first Respondent. According to the averments made in the Application, suit structure was demolished on 14th August, 2002 by the officers of the first Respondent-Corporation. Admittedly, as on that day, there was no prohibitory order restraining the first Respondent from demolishing the suit structure as on that day the suit filed by the Applicant stood dismissed. Hence, no case is made out for grant of mandatory injunction. Application is rejected. However remedy, if any, of the Applicant against the second Respondent is kept open. JUDGE JUDGE JUDGE