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Bombay High CourtAO/126/2023allowed to be withdrawn

Mr. Shaikh Yusuf Abdullah And Another v. The Municipal Corporation Of Greater Mumbai Thr. Its Municipal Commissioner And Another

2023-08-31Hon'Ble Shri Justice Sandeep V. Marne2 pages

Ganesh Lokhande 1/2 44-AO-126-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 126 OF 2023.

Shaikh Yusuf Abdullah & Anr.

.. Appellants vs.

The Municipal Corporation of Greater Mumbai & Anr.

.. Respondents ...

Mr. Firoz Bharucha, i/b. Deepan Dixit, for the Appellants. Mrs. Smita Tandwalkar, for the Respondent-BMC. ...

CORAM: SANDEEP V. MARNE, J.

DATE : 31 AUGUST 2023.

P. C.:

Digitally signed by GANESH SUBHASH LOKHANDE Date:

2023.09.04 11:56:44 +0530 GANESH SUBHASH LOKHANDE 1.

Learned counsel for the Appellants would submit that the pleadings in the Notice of Motion filed in the suit for seeking temporary injunction are complete and Notice of Motion can be taken for final hearing by the City Civil Court. In that view of the matter, he states upon taking instruction of his clients that the Appellants do not wish to press the present Appeal. He would however request that the City Civil Court be directed to hear the Notice of Motion expeditiously.

2.

The present Appeal is accordingly disposed of.

Ganesh Lokhande 2/2 44-AO-126-2023.doc 3.

The City Civil Court, Mumbai is requested to decide the Notice of Motion within a period of two months. SANDEEP V. MARNE, J.