1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 569 OF 2010 IN SECOND APPEAL NO.484 OF 1994 (Vithal vs. Ravindra) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.M.S.Lagu i/b Mr.V.P.Patankar for applicant. Mr.R.S.Datar for respondent CORAM : K.K.TATED,J. DATE : 10/02/2011. PC: 1 Heard learned counsel for parties. 2 This civil application is preferred by original plaintiff for direction to the respondent–original defendant to demolish the construction as well as extended construction (ad-measuring 36’ x 16’) carried out on survey no.318 hissa no.6 ad-measuring 17’ x 25’ square feet situated at Saralgaon, taluka Murbad, District Thane. It is the case of applicant 2 that in violation of the order passed by this court, the respondent carried out unauthorised construction on survey no.318 hissa no.6. 3 The learned counsel appearing on behalf of respondent submits that they have already removed the said unauthorised construction and obtained certificate from Gram Panchayat Saralgaon which is at Exhibit-2. 4 The respondent filed reply dated 16th April, 2010. The respondent in their affidavit in reply in para no.6 made specific statement that: “I say that accordingly, I removed the construction of the said wall and I have retained construction to the extent of 25 feet x 16 feet only. I say that accordingly certificate dated 15th April, 2010 has been issued by Gram Panchayat, Saralgaon recording the said fact. A true 3 copy of the said certificate is annexed hereto and marked as “EXHIBIT-2” to this affidavit.” 5 Considering the statement made by the respondent in their affidavit in reply dated 16th April, 2010 nothing survive in the present civil application, same is dismissed. 6 Liberty granted to the applicant if he finds that the respondent carried out unauthorized construction IS violation of the order passed by this court. 7 Civil application is disposed of accordingly. (K.K.TATED,J.)