The People'S Medical Relief Society And ORS v. The Municipal Corporation Of Greater Mumbai And ORS

(27)-AO-37-2019.doc 03.03.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Appeal from Order No. 37 / 2019 The People's Medical Relief Society and Ors.

... Appellants

Versus

The Municipal Corporation of Greater Mumbai and Ors.

... Respondents **** Y.V. Divekar a/w Kalyani Bane a/w Rohan Karande i/by M/s. Divekar & Co., Advocate for the Appellants.

**** CORAM : SANDEEP K. SHINDE, J.

DATE : 3 rd MARCH, 2022.

P.C.

1.

In the suit, seeking decree of mandatory injunction, instituted by the Appellants, the learned trial Court vide order dated 2 nd February, 2018 declined the interim mandatory injunction. That order is challenged under Order-43, Rule-1(r) read with Section 104 of the Civil Procedure Code. Mr. Divekar, learned Counsel for the Appellants, on instructions, submits that pending appeal, issues have been framed and the suit has reached the stage, of leading evidence. In that view of the matter, I am not inclined to interfere with the Najeeb 1/2

(27)-AO-37-2019.doc 03.03.2022 impugned order. All things considered, it would be appropriate to request the trial Court to dispose of the suit expeditiously and preferably before 31 st December, 2022. Ordered accordingly.

(SANDEEP K. SHINDE, J.) by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2022.03.04 16:08:31 +0530 MOHAMMAD NAJEEB MOHAMMAD QAYYUM Najeeb 2/2