The Mira Bhayander Municipal Corporation v. Rajesh Yadav

BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4499 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.08.26 11:01:49 +0530 Mira Bhayandar Mahanagar Palika ....Petitioner V/s Raish Akbar Khan .....Respondent WITH WRIT PETITION NO.4501 OF 2021 Mira Bhayandar Mahanagar Palika ....Petitioner V/s Madan J. Upadhyaya ..... Respondent.

WITH WRIT PETITION NO. 4502 OF 2021 Mira Bhayandar Mahanagar Palika ....Petitioner V/s Lallan J. Yadav .... Respondent.

WRIT PETITION NO. 4504 OF 2021 Mira Bhayandar Mahanagar Palika ....Petitioner V/s Vivek S. Upadhyaya .....Respondent.

WRIT PETITION NO. 4505 OF 2021 Mira Bhayandar Mahanagar Palika ....Petitioner V/s Rajesh Yadav ..... Petitioner.

Mr. M.S. Lagu i/b N.R. Bubna for the Petitioner in all the above Writ Petitions.

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CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 24, 2021 P.C.:- 1] These Petitions are by the Defendants-Corporation challenging the order passed by the lower Appellate Court below Exhibit-5 in Appeals.

2] Suit for declaration and injunction preferred by the Respondents came to be dismissed. However, it is fairly conceded that during pendency of suit, order of temporary injunction was in operation and in appeals by Respondents, Appellate Court granted injunction which is in operation since 2019, which is a subject matter of challenge in the present Petitions.

3] Having heard the learned Counsel for the Petitioner for sometime, this Court is of the view that Petitions can be conveniently disposed of by the following order. Since the order passed in the present Petitions is innocuous (not jeopardizing interest of respondent/plaintiff) issuance of notice to respondent/plaintiff is dispensed with.

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4] The lower Appellate Court is directed to decide pending appeals expeditiously and, in any case, within a period of six months from the date of production of this order.

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