Mr. Renton D'Souza S/O. Jorge D'Souza v. Brihan Mumbai Municipal Corporation (Bmc)

25-AO.574-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 574 OF 2017 WITH CAA NO. 59 OF 2019 Mr. Renton D'Souza s/o Jorge D'Souza ..Appellant Vs Brihan Mumbai Municipal Corporation & Ors.

..Respondents ----- Mr. R.V. Pai a/w A.V. Pai i/b N.N. Thakkar for the Appellant. Ms. Madhuri More for Respondent/MCGM.

Mr. Akshay G. Patkar for Intervener in CAA No.59 of 2019. ------ CORAM : A.S.GADKARI, J.

DATE : 6th January 2020.

P.C.:

1] By the present appeal, the appellant has impugned Order dated 23rd March 2017 passed by the learned Additional Sessions Judge, City Civil Court, Dindoshi, Mumbai in Notice of Motion No.1056 of 2017 in Civil Suit No.267 of 2017, thereby refusing to grant ad-interim relief in favour of the appellant and directed the respondent-Corporation to file reply. 2] Heard Mr. Pai, the learned counsel for the appellant, Ms.More, learned counsel for the Respondent/Corporation and Mr.Patkar, the learned counsel for the Intervener.

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25-AO.574-2017.doc 3] The record indicates that, by an Order dated 31.3.2017 this Court directed parties to maintain status-quo and thereafter the said ad-interim relief has been continued from time to time.

It is submitted that, the said Notice of Motion No.1056 of 2017 is now placed for hearing before the Trial Court. 4] In view thereof, till the said Notice of Motion No.1056 of 2017 is decided by the learned Judge of City Civil Court, Dindoshi, Mumbai, ad-interim relief granted by this Court by its Order dated 31st March 2017 to remain in force. 5] Learned Judge seized of the said Notice of Motion is requested to expedite the hearing of the said motion and to make an endevour to conclude the hearing of the said motion within a period of six months from the date of receipt of this Order.

6] Appeal from Order is disposed off in the aforesaid terms. 7] In view of disposal of the appeal, Civil Application for intervention does not survive and the same is accordingly disposed off. (A.S.GADKARI, J.) 2/2