The Municipal Corporation Of Greater Mumbai v. Mr. Kishan Khalid Ghaswala And ORS.

22.1185.15-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1185/2016 in First Appeal (ST) No.11785/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Sheetal mane for the Municipal Corporation CORAM: K.K.TATED, J.

DATED : OCTOBER 14, 2019 P.C.

Heard. By this Civil Application the Applicant is seeking stay to the operation and implementation of the impugned judgment and decree dated 17.07.2014 passed by the Bombay City Civil Court at Mumbai in L.C.Suit No.2548/2004 holding that the notice dated 22.04.2004 issued by the Appellant u/s.351 of the Maharashtra Municipal Corporation Act, 1888 and order dated 15.05.2004 passed by the Additional Municipal Commissioner "A"

Ward in respect of the construction of mezzanine floor is illegal, bad in law and same be set aside.

Basavraj G. Patil 1/2

22.1185.15-caf.odt The prayers made by the Applicant in the present Civil Application are in the nature of final disposal of the First Appeal itself.

Hence, the Civil Application stands rejected.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2