Case Note & Summary
The appellant, Indrakumar Sundarji Parmar, filed an appeal against the Municipal Corporation of Greater Bombay concerning a suit structure. The appellant, along with his wife, daughter-in-law, and son, gave a solemn undertaking to remove the suit structure at their own cost on or before 31-5-2005 and to withdraw the pending L.C. Suit No.3247 of 2004. The learned advocate for the appellant submitted that in view of this undertaking, the appellant be granted time to remove the structure. The court accepted the undertaking, took it on record, and marked it 'X' for identification. Consequently, the court dismissed the appeal and the suit as withdrawn with no order as to costs. The court ordered that the respondent corporation would not demolish the suit structure until 31-5-2005, and the appellant was granted time to remove the structure by that date. The appellant was also restrained from creating any third-party interest or parting with possession of the structure. If the structure was not removed by the deadline, the corporation could immediately demolish it. Additionally, the appellant was given the liberty to apply to the competent authority for permanent accommodation if entitled, and such application would be decided without being influenced by the dismissal of the suit.
Headnote
A) Civil Procedure - Withdrawal of Appeal - Undertaking - The appellant and his family members gave an undertaking to remove the suit structure at their own cost by 31-5-2005 and to withdraw the suit. The court accepted the undertaking and dismissed the appeal and suit as withdrawn, granting time till 31-5-2005 for removal, with the respondent corporation restrained from demolishing the structure until that date. (Paras 1-3)
Issue of Consideration
Whether the appellant should be granted time to remove the suit structure based on an undertaking given by the appellant and his family members.
Final Decision
Appeal dismissed as withdrawn with no order as to costs. L.C. Suit No.3247 of 2004 also dismissed as withdrawn with no order as to costs. Respondent Corporation not to demolish suit structure till 31-5-2005. Appellants granted time to remove structure till 31-5-2005. Appellants not to create third party interest or part with possession. If structure not removed by 31-5-2005, Corporation may demolish. Appellant may apply for permanent accommodation; authority to decide without being influenced by dismissal.
Law Points
- Undertaking accepted
- appeal dismissed as withdrawn
- suit dismissed as withdrawn
- time granted to remove structure
- no order as to costs
