Mr. Elias Joseph Vaz v. Mumbai Municipal Corporation Of Greater Mumbai

903 AO 376 OF 2016.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 376 OF 2016 WITH CIVIL APPLICATION NO.490 OF 2016 IN APPEAL FROM ORDER NO. 376 OF 2016 Elias Joseph Vaz ...

Appellant.

V/s.

Mumbai Municipal Corporation of Greater Mumbai and anr ...

Respondents Mr.Bholaprasad S. Shukla, for the appellant.

Mrs. Madhuri More, for respondent corporation. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 12th SEPTEMBER, 2018.

P.C. :

1] Heard learned counsel for the appellant and respondent. 2] This appeal is directed against refusal of ad-interim relief, by the City Civil Court, Mumbai on 23.3.2016, in Draft Notice of motion, in L.C. Suit No.753 of 2016.

3] It may be stated that though the trial Court has refused ad-interim relief, when the appeal was filed in this Court, this Court has granted ad-interim relief and it is continued till now. Hence, it would be in the fitness of things, if the trial Court is directed to decide 1/2

903 AO 376 OF 2016.odt the Notice of Motion which is pending before it, by continuing adinterim relief till decision of the Notice of Motion and at the same time directing the trial Court to decide the Notice of Motion as expeditiously as possible and preferably within a period of four weeks from the date of this order.

4] Ordered accordingly.

5] The Appeal and Civil Application are disposed off in above terms.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2