1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1334 OF 2009 IN APPEAL FROM ORDER NO. 1317 OF 2008 Municipal Corpn. Of Gr. Bombay ... Applicant v/s Sachin Ramesh Gupte ... Respondent ALONGWITH CIVIL APPLICATION NO. 1335 OF 2009 IN APPEAL FROM ORDER NO. 1318 OF 2008 Municipal Corpn. Of Gr. Bombay ... Applicant v/s Mohan Bhakt ... Respondent ALONGWITH CIVIL APPLICATION NO. 1337 OF 2009 IN APPEAL FROM ORDER NO. 1321 OF 2008 Municipal Corpn. Of Gr. Bombay ... Applicant v/s Dr.Shashikant A. Kale ... Respondent AND 2 CIVIL APPLICATION NO. 1338 OF 2009 IN APPEAL FROM ORDER NO. 1322 OF 2008 Municipal Corpn. Of Gr. Bombay . .. Applicant v/s Ram N. Gogte ... Respondent Mr.A.Y.Sakhare with Mr.Vinod Mahadik and Smt.K.K.Soraan i/by Mr.R.A.Malandkar for the applicant Corporation in all civil applications. Mr.M.K.Jain for the respondent in C.A.Nos.1334 of 2009 and 1335 of 2009. Mr.D.S.Sabnis for the respondent In C.A.Nos.1337 of 2009 and 1338 of 2009. CORAM: SMT.NISHITA MHATRE, J. DATED: 4TH NOVEMBER, 2009 P.C.: 1. All the civil applications are taken together and heard. 2. The civil applications have been filed by the Corporation essentially seeking a prayer to appoint a Court Commissioner to verify whether the order passed by the learned Single Judge of this Court on 19th December, 2008 while admitting the appeal from order has been breached. According to the Corporation, this Court had permitted the 3 appellants to continue to maintain the grill doors, provided the space between the grill doors and the entrance before the respective residences was not used for any purpose, including for storing any items of any nature. The order also directed that the grill doors should be such that they can be seen through. 3. The Corporation has annexed a report of the Assistant Commissioner, H/East Ward dated 15.1.2009 indicating that when the demolition of the offending structure was to commence on 15.1.2009 in respect of the suit premises being flat Nos.4, 9, 13, 21 and 24, the open space referred in the notice was found empty (i.e. “no material found stored in the referred open space”). The applicant has annexed photographs of the grill doors. Admittedly, the aforesaid appeal from orders are in respect of flat Nos.9, 13, 21 and 24 which are mentioned in the report. 4. In view of the fact that the report of the officer of the Corporation which indicates that the order passed by this Court has not been breached, there would be no need to appoint a Court Commissioner. Further more, the Assistant Law officer of the Corporation, by a letter dated 11.8.2009 has stated that the site was inspected on 10.8.2009 and it 4 was found that the passage was not being used for storing any material or articles. It is also mentioned that the grill doors can be seen through. 5. In these circumstances, civil applications are dismissed. ......... 5