Fatema Hakimuddin Rassiwala v. Municipal Corporation Of Greater Mumbai And ORS

1/1 8-cwp-6267-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6267 OF 2023 Fatema H. Rassiwala

...Petitioner.

V/s.

Municipal Corporation of Greater Mumbai and ors.

...Respondents.

Mr. Arshil A. Shah a/w. Mr. R. Shah for the Petitioner. Mr. R.Y. Sirsikar for Respondent/MCGM.

CORAM

:

N.R. BORKAR, J.

DATE :

05.06.2023.

P.C. :

1.

This Court by order dated 25 February 2021 in Appeal From Order (St) No.94429 of 2020 directed the parties to maintain status quo.

2.

The learned counsel for the petitioner submits that the petitioner has fled the Notice of Motion No. 95 of 2022 as the respondent No.1 in breach of above order passed by this Court had demolished the part of suit premises. It is submitted that though in the said notice of motion, the petitioner has inter alia prayed for restoration of position of the suit premises which was existing on the date of passing of the order of status quo, it is being repeatedly adjourned.

3.

Considering the facts and circumstances, the Trial Court shall endeavour to decide the Notice of Motion No.95 of 2022 and Chamber Summons No. 1879 of 2021 in Suit No. 1841 of 2017, as early as possible.

4.

The Petition is disposed of accordingly.

[N.R.BORKAR, J.] Dinesh S. Sherla 1/1