Smt. Saira Hussain v. Mumbai Municipal Corporation And ORS

Shridhar Sutar 1 5-AO-515.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 515 OF 2014 WITH CIVIL APPLICATION NO. 603 OF 2014 Smt. Saira Hussain ... Appellant

Versus

Mumbai Municipal Corporation and another ... Respondents .....

Mr. Rakesh Agrawal for the Appellant.

Mrs. Madhuri More for Respondent Nos. 1 and 2 - Corporation. .....

CORAM :

MRS. MRIDULA BHATKAR, J.

DATE : 19th JANUARY, 2018.

P.C.

1.

Learned Counsel for the appellant submits that this Appeal From Order is directed against the order dated 30th April, 2014, whereby rejecting the ad-interim relief and also the Notice of Motion for restoration of the earlier motion. He submits that by order dated 27th March, 2012, the learned Trial Court has passed order of status-quo in respect of the suit structure.

Shridhar Sutar 2 5-AO-515.14.doc 2.

The Corporation is the original defendant No.1 and the landlord is the original defendant No.3. Learned Counsel submits that the notice has been served to respondent No.3. He further submits that this Court has granted status-quo in this Appeal and it is continued till today. He further submits that the Trial Court has fixed the matter for evidence on 12th February, 2018. 3.

The learned Counsel for the Corporation is present. None present for the respondent No.3. This Appeal From Order is pending for admission since 2014. However, as the matter is now fixed for evidence, I am of the view that this Appeal From Order can be disposed of by following order.

(a) The order of status-quo to continue till the suit is finally decided.

(b) The Trial Court to decide the suit till 31st December, 2018.

(c) All parties to co-operate.

4.

Appeal From Order and Civil Application are disposed of. ( MRS. MRIDULA BHATKAR, J. )