Mr. Guddu Dhanoba v. Municipal Corporation Greater Mumbai

kvm 1/2 9-CAF122.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 122 OF 2015 IN FIRST APPEAL NO. 18 OF 2015 Guddu Dhanoba ..... Applicant/ Appellant

VERSUS

Municipal Corporation of Greater Mumbai ..... Respondent Ms.Neeta Jain, a/w. Mr.Sunil Gangan, i/b. M/s.RMG Law Associates for the Applicant.

Ms.Oorja Dhond, i/b. Mr.Vinod Mahadik for the Respondent - M.C.G.M.

CORAM :

R.D. DHANUKA, J.

DATE :

3rd JANUARY, 2020 P.C.

First Appeal No.18 of 2015 is already admitted by this court. By an order dated 5th February,2015 passed by this court in Civil Application No.376 of 2015, this court has already continued the interim protection, if any, till next date. By another order dated 26th February,2015, it was directed that interim relief, if any, to continue till further orders. The said order was passed by this court in Civil Application No.376 of 2015 which was inter alia praying for production of additional evidence or documents on record. The order dated 5th February,2015 read with order dated 26th February,2015 in Civil Application No.376 of 2015 to continue as an interim order in Civil Application No.122 of 2015 during the pendency of the first appeal. Civil application is disposed of in the aforesaid terms. No order as to costs.

kvm 2/2 9-CAF122.15 2.

It is made clear that the applicant shall not create any third party rights in the impugned structure and shall not carry out any further construction without prior permission from the Municipal Corporation. 3.

The applicant is permitted to file private paper-book in the office within two weeks from today with a copy to be served upon the respondent's advocate simultaneously.

[R.D.DHANUKA, J.]