Mr. Vadilal Kunwarji Gada v. The Municipal Corporation Of Greater Mumbai, Thr.The Asstt.Municipal Commissioner,K/W Ward

10 ao 233 of 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.233 OF 2018 WITH CIVIL APPLICTION NO.305 OF 2018 Vadilal Kunwarji Gada ...

Appellant V/s.

Municipal Corporation of Greater Mumbai, ...

Respondent Ms. Kavita Dhanuka i/by Jitendra J. Shah, for the appellant.

Mrs. Madhuri More, for respondent corporation. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the appellant and respondent. 2] Despite repeated opportunities given to appellant to remove the office objections, they are not removed. Learned counsel for appellant is again seeking time to remove the office objections. 3] In view thereof, the order of ad-interim relief cannot be extended.

4] Moreover it is seen that this appeal is against refusal of the order of ad-interim relief, by the trial Court, therefore, it is clear 1/2

10 ao 233 of 2018.odt that in the trial Court, the Notice of Motion is pending, hence it would be proper for this Court to direct the trial Court to decide the Notice of Motion itself.

5] Accordingly Appeal stands off as dismissed.

6] In view of dismissal of Appeal itself, Civil Application pending therein no survives and the same is accordingly disposed off. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2