Mr. Chunnilal S. Dhobi v. The Municipal Corporation Of Greater Mumbai And ORS

8-ao-730-2019.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 730 OF 2019 WITH CIVIL APPLICATION NO. 873 OF 2019 Mr. Chunnilal S. Dhobi ... Appellant.

Versus

The Municipal Corporation of Greater Mumbai and Ors.

... Respondents.

. . . . . .

Mr. S. P. Srivastava for the Appellant.

Smt. Madhuri More for Respondent No.1 - MCGM. . . . . . .

CORAM : A. S. GADKARI, J.

DATE : 5th NOVEMBER, 2019 P. C. :

1] The present appeal is directed against the Order dated 19th September 2017 passed by the learned Ad-hoc Judge, City Civil Court, Borivali Division Dindoshi, Mumbai in Notice of Motion No. 2540 of 2017 in L.C. Suit No. 2049 of 2017, thereby issuing the notice to the defendants and directing them to file Affidavit-in-reply to the notice of motion and disposing of the ad-interim relief prayed by the appellant in the notice of motion.

2] The Trial Court has recorded a finding that, on the date of the passing of the said Order dated 19th September 2017, the respondent - Corporation did not issue notice of demolition of the suit structure and inspite of the said fact the appellant is seeking a mandatory injunction from the Court.

1/2

8-ao-730-2019.doc 3] The record indicates that, even as of today, the respondent No.1 - Corporation has not issued notice for demolition of the suit structure, as observed by this Court in its Order dated 11th December 2007 passed in First Appeal (St.) No. 21610 of 2007 and other related appeals. 4] In view of the above, I find no merit in the appeal, and the same is accordingly dismissed.

5] In view of the dismissal of the appeal, Civil Application No.873 of 2019 does not survive and is accordingly disposed off. (A. S. GADKARI, J.) 2/2