Erskine Road Null Bazar Msajid Trust Thr. Mr. Nashit Nazar Ghansar v. Brihan Mumbai Mahanagarpalika

Sherla V.

aost.6098.2015_prodn.4.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER st. NO.6098 OF 2016 with CIVIL APPLICATION ST. NO.6100 OF 2016 Erskine Rd. Null Bazar Masjid Trust ... Appellant Vs.

Municipal Corporation of Greater Mumbai ... Respondent Mr.Arshad Shaikh i/b A.B. Ansari for the Appellant Ms.M.R. Bhoir for Respondent CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 29th FEBRUARY, 2016 P.C.:

1.

Not on Board. Upon mentioning, taken on Board. 2.

The Appeal from order is allowed to be withdrawn as it is not maintainable as the challenge to the interim order passed by the Small Causes Court under section 217 of the Mumbai Municipal Corporation Act is not appealable under Order 43 of the Code of Civil Procedure. Liberty to file appropriate proceedings before the High Court. 3.

Appeal from order and the Civil Application are disposed of accordingly.

(MRIDULA BHATKAR, J.) 1 / 1