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Bombay High CourtCAF/49/2014

Municipal Corporation Of Greater Mumbai v. Mr. Kailash J. Worlikar And ANR

2019-06-11Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 45_ca_49_2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.49 OF 2014 IN FIRST APPEAL NO.950 OF 2016 WITH FIRST APPEAL NO.950 OF 2016 Municipal Corporation of Greater Bombay ...Applicant

Versus

Kailash J. Worlikar and Anr.

...Respondents

.....

Ms Oorja Dhond for the Applicant/Appellant Mr. Khevana Dagli I/b. Mr. Ashok Saraogi for the Respondent. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 11th JUNE, 2019.

P.C.:- The Appellant herein has challenged the judgment dated 9th March, 2012 whereby the learned Judge of City Civil Court, Greater Mumbai has decreed the suit filed by the Respondent and has declared the impugned notice dated 26th May, 2005 as illegal. 2.

By this Civil Application the Applicant has sought interim relief, which reads thus :- "c. to set aside judgment and decree dated 9.3.2012 passed by Trial Judge Shri V.V. Bambarde C.R. No.6 Bombay City Civil Court in Suit No.2616 of 2005."

Megha 1/2

Megha 45_ca_49_2014.doc 3.

The relief sought is misconceived. The application is devoid of merits and is accordingly dismissed.

4.

Place the first appeal on 18/6/2019.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2