Ratnakar Badiya Hegde v. Municipal Corporation Of Greater Bombay And ANR.

910.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 394 OF 2018 WITH CIVIL APPLICATION NO. 519 OF 2018 Ratnakar Badiya Hegde ... Appellant/ Applicant.

Versus

Municipal Corporation of Greater Bombay and Anr.

... Respondents.

. . . . . .

Mr. Vaibhav Sugdare i/b Ashok Mishra for the Appellant. Smt. Madhuri More for the Respondent No.1 (MCGM). Mr. S. P. Thorat for Respondent No.2.

. . . . . .

CORAM : A. S. GADKARI, J.

DATE : 20th NOVEMBER, 2019 P. C. :

1.

The record indicates that, on 29th August 2017, the respondent had consented before the Trial Court to maintain status-quo in the matter and the said ad-interim relief was thereafter continued from time to time till the rejection of ad-interim relief by the Trial Court by impugned Order dated 05th May 2018. This Court thereafter by its Order dated 15th June 2018 continued the Order of interim relief granted by the Trial Court from time to time.

2.

As noted earlier, the record clearly indicates that, the respondent had given consent before the Trial Court to maintain status1/2

910.doc quo in the matter. The record further indicates that, the Notice of Motion No. 3278 of 2017 filed by the appellant is still pending for final adjudication before the Trial Court.

3.

In view thereof, the learned Judge, City Civil Court, Dindoshi, Mumbai seized of Notice of Motion No. 3278 of 2017, is hereby requested to expedite the hearing of the said motion and to conclude the hearing of the same within a period of six months from today. Till the decision of the said Motion, interim relief granted by this Court by its Order dated 15th June 2018 shall remain in force. 4.

Appeal is disposed off in the aforesaid terms. 5.

In view of the disposal of the Appeal, Civil Application No. 519 of 2018 does not survive and is accordingly disposed off. (A. S. GADKARI, J.) 2/2