Mr. Kamlesh Mohanlal Yadav v. Municipal Corporation Of Greater Mumbai

53-AO287-2023-SPM.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 287 OF 2023 SANTOSH SUBHASH KULKARNI Kamlesh Mohanlal Yadav ...Appellant

Versus

Municipal Corporation for Greater Mumbai

...Respondent

WITH INTERIM APPLICATION NO. 3676 OF 2023 SANTOSH SUBHASH KULKARNI Date: 2023.06.06 15:08:23 +0530 Mr. R. Y.Sippy, a/w Mr. C. M. Lokesh, for the Appellant. Ms. Smita Tondwalkar, for the Respondent/MCGM.

CORAM:

N. J. JAMADAR, J.

DATED :

19th APRIL, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

The challenge in this appeal is to an order dated 8th July, 2022 passed by the Judge, City Civil Court in Notice of Motion in Suit (St.) No.6448 of 2022, whereby the learned Judge was persuaded to reject the prayer for ad-interim relief in terms of prayer Clause (a) of draft Notice of Motion. At that stage, the Court had considered the limited affidavit-in-reply filed on behalf of the Municipal Corporation of Greater Mumbai ("MCGM").

3.

Without delving into the legality, propriety and correctness of the impugned order, which was passed at an ad-interim stage 1/2 Order corrected as per order dtd.6/6/2023.

53-AO287-2023-SPM.DOC considering the time which has elapsed since the passing of the impugned order, there is no propriety in entertaining the appeal against the ad-interim order at this stage. It is appropriate that the Notice of Motion is decided by the City Civil Court expeditiously.

4.

In view of the above, the respondent - MCGM may file an additional affidavit-in-reply, if desired to, within a period three weeks from today.

5.

Rejoinder, if any, be filed by the plaintiff on or before 12th June, 2023.

6.

The learned Judge, City Civil Court, is requested to make an endeavour to decide the Notice of Motion as expeditiously as possible and preferably within a period of three months from 12th June, 2023.

7.

The appeal stands disposed.

8.

It is clarified that this Court has not entered into the merits of the matter and all contentions of all the parties are kept open for consideration.

9.

In view of disposal of the appeal, interim application does not survive and stands disposed.

[N. J. JAMADAR, J.] 2/2 Order corrected as per order dtd.6/6/2023.