Deepan Lalitkumar Shah v. The Municipal Corporation Of Greater Mumbai

22-ao695-14 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.695 OF 2014 WITH CIVIL APPLICATION NO.831 OF 2014 Deepan L. Shah ...Appellant V/s.

The Municipal Corporation of Gr. Mumbai

...Respondent

None for the Appellant.

Mr.A.V. Diwate for the Respondent - B.M.C.

CORAM : R.D. DHANUKA, J.

DATE : 9TH FEBRUARY, 2016.

P.C. :- 1.

None appeared for the appellant when the matter was called out. A perusal of the appeal memo clearly indicates that the appellant has challenged an order dated 7th July, 2014 passed by the learned trial Judge. In ground "h" of the appeal memo, it is mentioned that the learned trial Judge has not passed an order or given any reason for the reliefs prayed in the notice of motion and similicitor adjourned the matter. A perusal of the Roznama dated 7th July, 2014 clearly indicates that the learned trial Judge has adjourned the notice of motion for hearing to 1st September, 2014. The learned trial Judge has not rejected the relief of the appellant in the said order. 1/2

22-ao695-14 2.

The present appeal from order is therefore, not maintainable and is dismissed.

3.

In view of the dismissal of the appeal from order, the civil application does not survive and is accordingly dismissed. No order as to costs.

(R.D. DHANUKA, J.) 2/2