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Bombay High CourtCAF/1579/2018disposed off

Shri Saibaba Mitra Mandal v. The Municipal Corporation Of Greater Bombay

2022-03-04Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 08(a) CAF1579.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1579 OF 2018 IN FIRST APPEAL NO. 553 OF 2018 Shri. Saibaba Mitra Mandal .... Applicant v/s.

The Municipal Corporation of Greater Bombay and ors.

.... Respondents Mr. Sanjiv Sawant i/b. Mr. Abhishek P. Deshmukh for the Applicant.

Mr. Santosh Parad for Respondent No.1 (MCGM). Mr. Jagdish S. Hegde for Respondent Nos.2 to 4. Mr. Laxmikant Shukla i/b. M/s. Legal Vision for Respondent No.5.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th MARCH, 2022.

P. C. :- .

By this Application, the Applicant has sought stay of execution and implementation of the impugned judgment and award dated 05/12/2017 passed by the City Civil Court, Dindoshi, Mumbai. By the impugned judgment, the trial Court has dismissed the suit. Learned counsel for the Applicant apprehends that the Respondent No.1 - Corporation will proceed with demolition.

2.

It may be mentioned that the impugned judgment was stayed by 1/2

P.H. Jayani 08(a) CAF1579.2018.doc order dated 05/02/2018. The interim order is continued from time to time. The Appeal is ready for final hearing. Considering the said facts, the interim relief granted by order dated 05/02/2018, to continue till final disposal of the Appeal on merits.

3.

Civil Application stands disposed of.

PREETI H JAYANI PREETI H JAYANI Date: 2022.03.08 12:19:14 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 2/2