Sujata S. Shetty v. Municipal Corporation Of Greater Mumbai

(21)-AO-747 -2019 aw CAA-889 -2019.doc 11.03.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2022.03.14 17:25:53 +0530 MOHAMMAD NAJEEB MOHAMMAD QAYYUM CIVIL APPELLATE JURISDICTION Appeal from Order No. 747 / 2019 Alongwith Civil Application (CAA) No. 889 / 2019 in Appeal from Order No. 747 / 2019 Sujata S. Shetty ... Appellant

Versus

Municipal Corporation of Greater Mumbai ... Respondent **** Mr. S.M. Sabrad, Advocate for Appellant.

Mr. Ravindra Sirsikar, Advocate for the MCGM. **** CORAM : SANDEEP K. SHINDE, J.

DATE : 11 th MARCH, 2022.

P.C.

1.

Appellant is Plaintiff. He instituted the L.C. Suit No. 3017/2011 in the City Civil Court at Bombay. Pending suit, learned trial Court declined to stay the operation and execution of notice dated 29 th March, 2014 issued under Section 354A of the Mumbai Municipal Corporation Act. That order was passed on 5 th January, 2019. This appeal challenges the order dated 5 th January, 2019. Pending appeal, Najeeb 1/2

(21)-AO-747 -2019 aw CAA-889 -2019.doc 11.03.2022 the parties were directed to maintain status-quo relating to the suit property. That order is in-force till date. Pending appeal, the trial has commenced. Appellant-Plaintiffs' evidence is underway. In that view of the matter, I deem it appropriate not to interfere with the impugned order, after three years. In consideration of these facts, appeal is disposed of as withdrawn. The learned trial Judge shall conclude the trial on merits without being influenced by the order dated 5 th January, 2019 and/or order directing the parties to maintain the status-quo relating the suit property. In fitness of facts, the trial in L.C. Suit No. 3017/2011 is expedited and till its' conclusion, parties shall maintain status-quo in relation to suit property. Appeal and Civil Application therein are disposed of. (SANDEEP K. SHINDE, J.) Najeeb 2/2