Sampatrao B. Sonavane v. The Municipal Corporation Of Greater Mumbai, Thr. Municipal Commissioner

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Appeal from Order No. (ST) 7489/2019 with Civil Application No. (ST) 7491/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Y. K. Tiwari I/b. K. P. Tiwari & Co. for the Appellant Mrs. madhuri More for the Respondent.

CORAM

: K.K.TATED, J.

DATED : 18/03/2019 P.C.

Heard. By this Appeal from Order, the Appellant - Plaintiff challenges the order dated 20.02.2019 passed by the Bombay City Civil Court, Mumbai in Notice of Motion No.4644/2018 in L.C.Suit No.1334/2018 rejecting their Notice of Motion for temporary injunction restraining the Respondent - Defendant from demolishing and/or removing the suit structure.

The learned counsel for the Appellant relies on para 12 of the impugned order and stated that there is no question of filing any appeal u/s.47 of the Maharashtra Regional and Town Planning Act,1966 (MRTP Act).

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When this court declined to entertain the present appeal, the learned counsel for the Appellant seeks permission to withdraw the Appeal from Order with liberty to file an appeal u/s.47 of the MRTP Act. He submits that the interim protection granted by the Bombay City Civil Court, Mumbai on 21.02.2019 to be continued for further fourt weeks.

Considering the submissions made by the learned counsel for the Appellant and as the Appellant wants to prefer an appeal u/s.47 of the MRTP Act, the Appellant is permitted to withdraw the Appeal from Order and Civil Application with liberty as prayed for.

Hence, the following order is passed:

a.

The Appeal from Order and Civil Application stand disposed of as withdrawn with liberty to file an appeal u/s.47 of the MRTP Act, which shall be decided on its own merits.

b.

Ad-interim protection granted by the Bombay City Civil Court, Mumbai on 2/3

21.02.2019 below Exhibit- 11 in LC.Suit No.1334/2018 to continue till 22.04.2019.

c.

Liberty granted to the Appellant to file appropriate proceedings to challenge the order dated 20.02.2019 in Chamber Summons NO.2254/2018 and 2256/2018, which shall be decided on merits.

(K.K.TATED, J.) 3/3