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Bombay High CourtAO/411/2022disposed off

Dargaah Baba Mohammad Ramzan Shah Karim Ullah Quadri Society Thr. Its President Mr. Ramiz Shaikh v. The Chief Commissioner The Municipal Corporation Of Greater Mumbai And Another

2022-07-27Hon'Ble Shri Justice C.V. Bhadang2 pages

39-ao-411-2022 with ia-2722-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.411 OF 2022 WITH INTERIM APPLICATION NO.2722OF 2022 IN APPEAL FROM ORDER NO.411 OF 2022 Dargaah Baba Mohammad Ramzan Shah Karim Ullah Quadri So., Thr. Its President Mr.Ramiz Shaikh ...Appellant Vs.

The Chief Commissioner Thr. Municipal Corporation of Greater Mumbai & Anr.

... Respondents ---- Mr.Anil S. Kharatmol a/w Ms.Pooja Darne for the Appellant. Mr.R.Y. Sirsikar for the Respondent-MCGM.

---- CORAM : C.V. BHADANG, J.

by NILAM SANTOSH KAMBLE Date: 2022.07.28 10:13:46 +0530 NILAM SANTOSH KAMBLE DATE : 27 JULY 2022 P.C.

.

This Appeal challenges the order dated 2 December 2020 in Draft Notice of Motion in Civil Suit Stamp No.4862 of 2020 by which ad-interim relief of injunction restraining the Respondents from interfering with the suit structure has been rejected. Although the learned counsel for the Appellant submitted that City Civil Court had granted protection for three weeks time in order to enable the Appellant to approach this N.S. Kamble page 1 of 2

39-ao-411-2022 with ia-2722-2022 Court, thereafter, the said order is not continued. Thus, from December 2020 the Appellant is without any ad-interim protection.

2.

The Notice of Motion is pending before the City Civil Court.

3.

Considering the overall circumstances and the fact that the ad-interim relief has been refused way back in December2020 and the Notice of Motion is still pending, the present Appeal is disposed in the following terms.

ORDER

(i) The Respondent-Corporation shall file the reply to the Notice of Motion, if not already filed, within a period of three weeks from today, after serving an advanced copy on the learned counsel for the Appellant-Plaintiff. (ii) The City Civil Court shall hear and decide the Notice of Motion as expeditiously as possible and preferably within a period of three months from the date of filing of the reply.

(iii) The rival contentions of the parties, on merits, are left open.

(iv) In the circumstances, there shall be no order as to costs.

C.V. BHADANG, J.

N.S. Kamble page 2 of 2