Dina Rajesh Sosa v. Municipal Corporation Of Greater Mumbai Thr.(B And F)'D'Ward Designated Officer

50-AO-205-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.205 OF 2019 WITH CIVIL APPLICATION NO.242 OF 2019 Dina Rajesh Sosa ...Appellant Vs Municipal Corporation of Gr. Mumbai

...Respondent

...

Ms. Anupama Shah with Mitaali Shah i/by Vaibhav Mehta & Associates for the Appellant.

Mr. Ravindra Sirsikar for MCGM.

CORAM : SANDEEP K. SHINDE J.

DATE : MARCH 8, 2022.

P.C. :

1.

This appeal challenges the order dated 17th April, 2018, refusing ad-interim relief in Notice of Motion No. 1572/2018 taken out, by the plaintiff in Suit (St.) No. 5277/2018. Pending appeal, this Court, vide order dated 23rd April 2018, directed the parties to maintain status-quo. That order is in force even till date. Hence, having regard to the nature of impugned order, i.e. order declining ad-interim relief, I deem it appropriate, to request the trial Court to decide pending Notice of Motion No.1572 of 2018 in Long Cause Suit (St) No.5277 of 2018 on its own merits without being influenced by Shivgan 1/2

50-AO-205-2019.odt the impugned order and the order directing the parties to maintain status-quo. The learned Judge shall make an endeavour to decide the said Notice of Motion expeditiously before 6th May, 2022. Till then, parties shall maintain status-quo in terms of the order dated 23rd April, 2018 passed by this Court. All the contentions of the respective parties are kept open.

2.

Appeal is disposed of in aforesaid terms.

(SANDEEP K. SHINDE, J.) Shivgan 2/2