Mr. Balkrishna Hanumanta Mane v. The Municipal Corporation Of Greater Mumbai
Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:
2022.03.30 16:57:24 +0530 SHAMBHAVI NILESH SHIVGAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.395 OF 2019 WITH CIVIL APPLICATION NO.469 OF 2019 Mr. Balkrishna H. Mane ...Appellant Vs Municipal Corporation of Gr. Mumbai
...Respondent
...
Mr. Pradeep J. Thorat for the Appellant.
Mr. Ravindra Y. Sirsikar for MCGM.
CORAM : SANDEEP K. SHINDE J.
DATE : MARCH 30, 2022.
P.C. :
In the Long Cause Suit No.1821 of 2012, appellantth plaintiff has questioned legality and validity of the notice dated 16 December, 2011 issued under Section 314 of the Mumbai Municipal Corporation Act, 1888. Pending suit, the trial Court vide order dated th March, 2019 refused to protect the suit structure; however, to enable the appellant to approach this Court, suit structure was th March, protected for a period of three weeks. Whereafter, on 26 2019, this Court continued the said protection, which is in force till Shivgan 1/3
date.
Mr. Thorat, learned counsel for the appellant, has placed on record case-status in the Long Cause Civil Suit No.1821 of 2012. It shows, appellant/plaintiff has filed affidavit in lieu of evidence. Copy of the case-status is taken on record and marked "X-1" for Identification. In that view of the matter, after the lapse of three years, I am not inclined to interfere with status of the Suit Property. However, it is made clear that the trial Court shall decide the suit on merits, without being influenced by the impugned order or the order directing the parties to maintain status-quo, passed by this Court. In consideration of these facts, appeal is disposed of along with application therein.
The learned Judge is requested to conclude the trial in the subject suit expeditiously.
Shivgan 2/3
Needless to state that interim protection granted by this Court shall continue to operate till conclusion of the trial. (SANDEEP K. SHINDE, J.) Shivgan 3/3