Mr.Thomas Augustin Antao v. The Municipal Corporation Of Gr.Mumbai

AOST-20622-2015 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

APPEAL FROM ORDER (ST) NO.20622/ 2015 WITH CIVIL APPLICATION (ST) NO.20623 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. K. Dubey for the appellant.

Mr. A.V. Divale for respondent/BMC CORAM : K. K. TATED, J.

DATED : 13/08/2015.

P.C.:

1.

Heard the learned Counsel for the parties.

2.

This appeal is preferred by the plaintiff challenging the order dated 28/07/2015 passed by the Bombay City Civil Court in Notice of Motion in L.C. Suit No.1572/2015 declining to grant interim reliefs.

3.

The learned Counsel for the appellant submits that till today the respondent has not filed any reply to the Notice of Motion.

4.

The learned Counsel appearing on behalf of respondent/Corporation on instructions from Mr. Mahale, Asst. Engineer (B & F), L-Ward, Kurla, who is present in the Court, undertakes to file reply to

AOST-20622-2015 the Notice of Motion within 4 weeks. Considering the above fact the following order is passed: (1) The respondent-Corporation is directed to file it's reply to the Notice of Motion within 4 weeks from today and to serve a copy on the other side.

(2) Hearing of Notice of Motion is expedited.

(3) Till the disposal of Notice of Motion, the parties are directed to maintain status quo as of today.

(4) Appeal from Order stands disposed of accordingly.

(5) In view of disposal of Appeal from Order, nothing survives in the Civil Application. The same stands dismissed as infructuous.

(K.K.TATED, J.)