Shravan Chetanji Rithadiya v. The Municipal Corporation Of Greater Mumbai And Another

sg 40.ao146-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.146 OF 2024 WITH INTERIM APPLICATION NO.1764 OF 2024 IN APPEAL FROM ORDER NO.146 OF 2024 Shravan Chetanji Rithadiya ...Appellant/Applicant vs.

The Municipal Corporation of Greater Mumbai And Another

...Respondents

....

Mr Vikram N Walawalkar, for the Appellant.

Ms Smita V Tondwalkar, for Respondent/BMC.

....

Coram : R.N. Laddha, J.

Date : 30 April 2024 P.C. :

.

Heard learned Counsel for the parties.

2.

This appeal from order can be conveniently disposed of by instructing the learned trial court to promptly decide Suit No.1676 of 2018 within a specified time-frame. The learned Counsel for the appellant highlighted the order dated 12 July 2018 passed by the trial court, which granted ad-interim protection in favour of the plaintiff/appellant, and this protection remained in effect until passing the impugned order.

1 / 2

sg 40.ao146-24.doc 3.

Considering that the interim protection has been in effect for over six years before passing the impugned order, the learned trial court is directed to decide the suit in accordance with the law, ideally within eighth months from the date of this order. During this period, the parties shall maintain the status-quo. The learned Counsel for the parties state that the parties will co-operate the trial court for expeditious disposal of the suit. The Appeal from Order stands disposed of accordingly.

4.

It is made clear that this Court has not examined the merits of the matter and all contentions of the parties are expressly kept open. As a sequel, the pending interim application also disposed of. (R.N. LADDHA, J.) 2 / 2