SM 1 903.ao.1335.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1335 OF 2011 WITH CIVIL APPLICATION NO. 1737 OF 2011 IN APPEAL FROM ORDER NO. 1335 OF 2011 Mr. Rajendra Narayan Rane ....Appellant. Versus Municipal Corporation of Greater Mumbai ....Respondent. ____________ Mr. T. R. Patel for the Appellant. Ms. K. K. Soraan for the Respondent- BMC. CORAM: R. M. BORDE, J. DATED : DECEMBER 15, 2011. P.C.: It is informed that the suit premises have been demolished during the continuation of the proceedings. An affidavit to that effect has been presented by the respondent alongwith the report of the concerned engineer showing the photographs in respect of demolished structure. In that view, it cannot be controverted that the appeal from order is rendered infructuous. The counsel appearing for the appellant requests for grant of liberty to tender an application seeking an amendment to the pleadings so as to bring to the notice of the Trial Court the subsequent developments. Liberty is grated to the plaintiff to tender an application seeking an amendment to the pleadings. If such an application is presented before the Trial Court, the Trial Court may consider the same on its own merits and in accordance with the provisions of law. SM 2 903.ao.1335.11 2. The Trial Court is directed to decide the suit as expeditiously as possible, preferably within a period of one year from today. Instant appeal from order stands dismissed. 3. In view of dismissal of the appeal from order, pending civil application does not survive and stands dismissed. (R. M. BORDE, J.)