Mrs. Ratna Raghunath Kondigire v. The Municipal Corporation Of Greater Mumbai

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

APPEAL FROM ORDER (ST) NO.17624/2015 IN NOTICE OF MOTION NO.2348/2015 IN L.C.SUIT NO.1431/2015 WITH CIVIL APPLICATION (ST) NO.17626/2015 WITH APPEAL FROM ORDER (ST) NO.17629/2015 IN NOTICE OF MOTION NO.2349/2015 IN L.C.SUIT NO.1432/2015 WITH CIVIL APPLICATION (ST) NO.17632/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Bholaprasad S. Shukla for the Appellant Mr. A. V. Diwate for the Respondent Municipal Corporation CORAM : K. K. TATED, J.

DATE : JULY 7, 2015 P.C.:

1.

Heard. These appeals are preferred by the Plaintiff challenging the orders dated 30/06/2015 passed by the Bombay City Civil Court, Mumbai in the above Notices of Motion declining to grant adinterim relief. 1/3

2.

The learned counsel for the Appellant Plaintiff submits that the Respondent Corporation has not filed Affidavit-in-Reply till today. He submits that this Hon'ble Court be pleased to direct the Corporation to file an Affidavit-in-Reply so that matters can be heard on merits. He further submits that he received instructions to withdraw the present Appeals from Order, if an Affidavit-inReply is filed by the Respondent Corporation within a particular time.

3.

Considering the submissions made by the learned counsel for the Appellant following, order is passed:

a.

Appeals from Order stand dismissed as withdrawn.

b.

The Respondent Corporation is directed to file an Affidavit-in-Reply in respective Notices of Motion in the above suits within 4 weeks from today with copy to other side.

c.

Hearing of respective Notices of Motion is expedited.

2/3

d.

If an Affidavit-in-Reply is not filed by the Respondent within stipulated time as stated hereinabove, the Trial Court is directed to dispose of the respective Notices of Motion on its own merits.

e.

Consequently, Civil Applications stand dismissed as infructuous.

JUDGE 3/3