Mrs. Sharpunnissa Moinuddin Khan And ANR v. Municipal Corporation For Greater Mumbai Through Its Municipal Commissioner And ANR

904-fa283-2013+.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.283 OF 2013 WITH CIVIL APPLICATION NO.974 OF 2013 Digitally signed by ATUL GANESH KULKARNI Date:

2023.02.23 18:06:41 +0530 ATUL GANESH KULKARNI Sharpunnissa Moinuddin Khan & Anr.

... Appellants V/s.

Municipal Corporation for Greater Mumbai, through its Municipal Commissioner & Anr.

... Respondents Mr. Altaf Ahmed Shaikh with Shansher Ahmed & Naik with Ms. Supriya Ghadge for the appellant.

Mr. Santosh Parad for the respondent/MCGM.

CORAM :AMIT BORKAR, J.

DATED :FEBRUARY 23, 2023 P.C.:

1.

After arguing the matter for some time, on objection being raised by the Municipal Corporation that the Civil Court had no jurisdiction to entertain the dispute which is the subject matter of suit, learned advocate for the appellant, on instructions from the appellant, seeks permission to withdraw the first appeal with liberty to adopt appropriate proceedings as are available in law. 2.

The first appeal is disposed of as withdrawn with liberty as prayed for. No costs.

3.

Since interim relief protecting structure of appellant was in

904-fa283-2013+.doc force during pendency of the suit and this first appeal, same is continued for six (6) weeks from today.

4.

Considering the nature of challenge and the manner in which the suit and the first appeal has been prosecuted, the proceedings are treated as bona fide under section 14 of the Limitation Act. All contentions on merits are kept open. (AMIT BORKAR, J.)