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 FIRST APPEAL NO.230 of 2009 FIRST APPEAL NO.230 of 2009 FIRST APPEAL NO.230 of 2009 with with with Civil Application No.920 of 2009. Civil Application No.920 of 2009. Civil Application No.920 of 2009. Dhirajlal Moraji Vala ..Appellant versus Municipal Corporation of Gr.Mumbai & Ors. ..Respondents Mr.R.K.Singh for the appellant, Mr.Mahadik for the respondent No.1 Mr.Anil Singh for the respondent Nos.2 to 6 and 9 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 4th May, 2009. DATED : 4th May, 2009. DATED : 4th May, 2009. P.C. 1. Learned Advocate for the appellant, Mr.Singh states that the construction work in regard to which the Long Cause Suit No.5925 of 1993 was filed in the City Civil Court is over. 2. In view of the above this appeal does not survive as it has become infructuous. 3. If the appellant wants to institute any proceeding to protect his interest arising out of the completion of the construction at the site, the appellant is free to do so. No views are expressed on the merits of the said suit to be filed. -2- Appellant is free to adopt appropriate proceeding as per the provisions of law including law of limitation. There shall be no order as to costs. 4. In view of dismissal of the appeal, Civil Application No.920 of 2009 does not survive and the same is dismissed with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)