Sumit Sunil Shelar And ORS v. Municipal Corporation Of Greater Mumbai

osk 30-ao-51-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 51 OF 2017 Sumit Sunil Shelar & Ors.

...

Appellants V/s.

Municipal Corporation of Greater Mumbai & Ors. ...

Respondents • None for the Appellants.

• Mrs.Madhuri More for the Respondent-Corporation. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 21st JANUARY, 2019.

P.C. :

1] None present for the Appellants.

2] This Appeal is preferred against the order passed by the Civil Civil Court, Mumbai, in Contempt Notice of Motion No.4897 of 2015 in L.C. Suit No.566 of 2015.

3] Learned counsel for the Respondent-Corporation brings to the notice of the Court the judgment of this Court in the case of Bholeshankar Awas Gruha Nirman Sahakari Sanstha Maryadit Vs. Omprakash Dwarkaprasad Malviya & Ors., 2008 All M.R. 584, holding that the Appeal against rejection of application under Order 39 Rule 2A of the Civil Procedure Code, 1908 (for short, "C.P.C.") is not maintainable.

1/2

osk 30-ao-51-2017.odt 4] As in the present case also the Contempt Notice of Motion was rejected under Order 39 Rule 2A of CPC, the Appeal being not maintainable, stands dismissed.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2