Lalchand Pancham Pal v. The Municipal Corporation Of Greater Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.76 OF 2022 WITH INTERIM APPLICATION NO.339 OF 2022 IN APPEAL FROM ORDER NO.76 OF 2022 LALCHAND PANCHAM PAL )...APPELLANT V/s.

MUNICIPAL CORPORATION OF GREATER ) MUMBAI )...RESPONDENT Mr.J.S.Yadav i/b. Mr.Bholaprasad Shukla, Advocate for the Appellant.

Mr.Santosh P., Advocate for the Respondent No.1-MCGM. CORAM : V. G. BISHT, J.

DATE : 27th JANUARY 2022 P.C. :

Heard learned counsel for the appellant. Learned counsel for the respondent-Corporation waives service. AVK 1/3 ARTI VILAS KHATATE ARTI VILAS KHATATE Date: 2022.01.27 15:56:28 +0530

After dismissal of the Notice of Motion on 9th November 2021, the learned trial Court had stayed its order for a period of four weeks. According to the learned counsel for respondent no.2-Corporation that period has already been over and in such circumstances, the interim stay granted by the learned trial Court may not be extended.

At this stage, learned counsel for the appellant suggests that issues in the matter have already been framed by the learned trial Court. The learned trial Court may be directed to expedite the hearing of the suit and finish it off within a particular period, by continuing the interim stay so granted by the learned trial Court. This suggestion is accepted by the learned counsel for the respondent-Corporation.

In view of above, the learned trial Court is directed to dispose off the suit within a period of four months from the receipt of this order.

AVK 2/3

Meantime, the interim stay granted by the learned trial Court shall continue.

In view of above, appeal from order and interim application stand disposed off.

(V. G. BISHT, J.) AVK 3/3