Dhammvikash Sangh Chembur Thr. Mr. Navin Kumar Shilwant v. The Muncipal Corporation Of Greater Mumbai

Mamta Kale 42-ao-109-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 109 OF 2024 WITH INTERIM APPLICATION NO. 1320 OF 2024 IN APPEAL FROM ORDER NO. 109 OF 2024 Dhammvikash Sangh Chembur through Mr. Navin Kumar Shilwant ..Appellant Vs.

The Municipal Corporation of Greater Mumbai & Anr.

..Respondents ---- Mr. S. M. Sabrad a/w. Mr. Pratik Sabrad, for the Appellants. Ms. Smita V. Tondwalkar, for the Respondent / MMC. ---- Digitally signed by MAMTA AMAR KALE Date:

2024.04.23 18:03:24 +0530 MAMTA AMAR KALE CORAM : R. N. LADDHA, J.

DATE : 23 APRIL 2024 P.C.

.

Aggrieved and dissatisfied with the impugned order dated 18 January 2024 passed by the learned trial Judge, City Civil Court, Mumbai, which pertains to the Notice of Motion No.2583/2017 in L.C. Suit No.644/2017. The trial Court declined to restrain or injunct the respondents from demolishing / vacating the appellant from the suit premises mentioned in demolition notice dated 17 February 2017, issued

Mamta Kale 42-ao-109-2024.doc under Section 314 of the Mumbai Municipal Corporation Act, 1988. Based on the material available on records, it appears that the trial Court granted protection in the year 2017, and approximately seven years thereafter, a notice of motion was dismissed.

2.

Considering these facts, the present appeal can be resolved by instructing the trial Court to expedite the hearing of the suit pending before it, and decide it preferably within eight months from the date of receipt of this order. Accordingly, the appeal from order stands disposed of with a direction to the parties to maintain the status-quo till the disposal of the suit. As a sequel, pending application also stands disposed of.

R. N. LADDHA, J.