Sarvade Salim Abdul Thr. His C.A. Ms. Wahida Abdul Samad v. The Municipal Corporation Of Greater Mumbai And ORS

49 AOST 5569 of 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.5569 OF 2018 WITH CIVIL APPLICATION (ST) NO.5570 OF 2018 Sarvade Salim Abdul ...

Appellant.

V/s.

Municipal Corporation of Greater Mumbai and ors ...

Respondents Mr. S. P. Srivastava, for the appellant.

Mrs. Madhuri More, for respondent CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 16th OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the appellant and respondent. 2] This appeal is preferred against the order dated 19th September, 2017, passed by City Civil Court, Mumbai, thereby directing issuance of notice to respondent corporation to file affidavitin-reply and for hearing on notice of motion. By the said order, the trial Court has also directed that the prayer for ad-interim relief is disposed of.

3] Thus, it is clear that the Notice of Motion is yet pending. There is no progress till recently. The ad-interim order is passed on 19th September, 2017. During the pendency of this Appeal, this Court 1/2

49 AOST 5569 of 2018.odt has not granted ad-interim relief. Hence, there is no necessity to interfere in the impugned order passed by the trial Court. The appeal, therefore, stands disposed off.

4] In view of disposal of Appeal itself, pending Civil Application therein no more survives and the same is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2