Municipal Corporation Of Greater Mumbai v. Mr. Raju Prabhudas Dhodi

905.AO583_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 583 OF 2017 WITH CIVIL APPLICATION No. 738 OF 2017 IN A.O. No. 583 OF 2017 Municipal Corporation of Greater Mumbai ... Appellant/Applicant Vs.

Raju Prabhudas Dhodi ... Respondent Mr. Pradeep Thorat a/w. Mrs. Madhuri More, Advocate for the appellant/applicant.

Mr. D.R. Singh, Advocate for the respondent.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 18th August, 2017.

P.C.:

This Appeal from Order takes an exception to the order dated 17th February, 2017 passed by the learned Judge of the City Civil Court, Dindoshi, Mumbai in Notice of Motion No. 79 of 2017 in L.C. Suit No. 2828 of 2012 by which the defendant-Municipal Corporation is restrained by way of temporary injunction from demolishing the suit structure, pursuant to the notice unless an alternate accommodation is provided to the plaintiff.

2.

Heard the learned counsel for both the parties. Perused the photographs of the suit structure which is standing in the midst of Corporation road. I am informed that the pleadings are complete and 1 / 2

905.AO583_2017.doc issues are framed. The suit is of 2012. Considering the nature of the matter and urgency involved therein, it is better to expedite the matter in specific time frame. The trial Court to expedite the matter, hear and conclude the suit till 30th November, 2017. The parties to appear before the trial Court at Dindoshi on 29th August, 2017 at 11.00 a.m. and shall submit their respective documents with the list of witnesses. The parties shall complete all the formalities within a week thereafter and the trial Court to proceed immediately and record evidence. Parties to cooperate.

3.

Appeal from Order is disposed of. Civil Application is also accordingly disposed of.

(MRIDULA BHATKAR, J.) 2 / 2