: 1 : Dixit 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.25 OF 2008 CIVIL APPLICATION NO.25 OF 2008 CIVIL APPLICATION NO.25 OF 2008 IN IN IN FIRST APPEAL NO.12 OF 2008 FIRST APPEAL NO.12 OF 2008 FIRST APPEAL NO.12 OF 2008 IN IN IN B.C.C.C. L.C. SUIT NO.6526 OF 1999 B.C.C.C. L.C. SUIT NO.6526 OF 1999 B.C.C.C. L.C. SUIT NO.6526 OF 1999 Uday A. Khatavkar ...Applicant V/s. Municipal Corpn. of Greater . Mumbai & Anr. ...Respondents M/s.M.M. Chopra & Associates for the Applicant. Mr.J.J. Xavier, Advocate, for the Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 18TH JANUARY, 2008. DATE : 18TH JANUARY, 2008. DATE : 18TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the applicant and 1st respondent. It is an admitted position that during pendency of the suit, the suit structure was demolished and thereafter it was reconstructed. Now it is an admitted position that 1st respondent-Corporation has removed the structure. Therefore, prayer made in this application cannot be granted. 2. However, it will be open for the applicant to apply to the 1st respondent-Corporation in terms of existing policy, if any, for allotment of a suitable : 2 : accommodation. If such policy exists, the 1st respondent-Corporation will consider the application sympathetically in accordance with law considering the fact that the applicant is a handicapped person. 3. Subject to what is stated above, Civil Application is rejected. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]