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Bombay High CourtCAW/1463/2011

The Bombay Municipal Corporation Of Greater Ombay v. Vadilal Kunverji Gada

2017-03-29Hon'Ble Shri Justice M.S. Sonak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1324 OF 2010 WITH CIVIL APPLICATION NO. 1627 OF 2010 WITH CIVIL APPLICATION NO. 704 OF 2012 IN APPEAL FROM ORDER NO. 1324 OF 2010 Vadilal Kunverji Gada ... Appellant V/s.

The Bombay Municipal Corporation of Gr. Bombay & Ors.

... Respondents WITH CIVIL APPLICATION NO. 1461 OF 2011 WITH CIVIL APPLICATION NO. 1462 OF 2011 IN WRIT PETITION NO. 9105 OF 2010 WITH CIVIL APPLICATION NO. 1463 OF 2011 IN WRIT PETITION NO. 8974 OF 2010 The Bombay Municipal Corporation of Gr. Bombay & Ors.

... Applicants V/s.

Vadilal Kunverji Gada ... Respondent Mr. Ditendra Mishra for the Appellant in A.O. Mrs. Bhoir for the M.C.G.M.

CORAM : M.S. SONAK, J.

DATE : 29th MARCH, 2017.

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P.C. :

Mrs. Bhoir is appearing for the M.C.G.M.

This Court, in its order dated 21.02.2011 in Civil Application No.1627 of 2010 in Appeal from Order No.1324 of 2010 had issued 'Rule' and directed the parties to maintain status-quo. However, by the same order it was made clear that the pendency of the present matter, shall not come in the way in proceeding of the suit. In fact, the learned Trial Judge was directed to proceed and decide the suit in accordance with law.

By now, the suit ought to have been disposed of. However, Mrs. Bhoir, learned counsel for M.C.G.M. points out that the suit is still pending. She points out that the M.C.G.M. has taken out Civil Application seeking vacation of the status-quo order. At this stage, rather than deciding the Civil Applications, Appeal from Order and Writ Petitions, it will be appropriate if the learned Trial Judge is directed to dispose of the suit as expeditiously as possible and in any case within a period of 2/3

six months from today. The status-quo directed by this Court in its order dated 21.02.2011 shall operate in the meanwhile. The Civil Applications, Appeal from Order and Writ Petitions are disposed of accordingly. It is made clear that this Court has not examined minutes of the matter and, therefore, the learned Trial Judge, disposed of the suit on its own merits and in accordance with law not influenced by any observations in the impugned order or the circumstance in which these matters are being disposed of. These are expressly made for consideration of the learned Trial Judge.

(M.S. SONAK, J.) 3/3