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Bombay High CourtAO/737/2016disposed off

Mr. Mansur Haidarali Cyclewala v. Municipal Corporation Of Greater Mumbai

2018-09-11Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi1 pages

osk 13-ao-737-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 737 OF 2016 WITH CIVIL APPLICATION NO. 925 OF 2016 Mansur Haidarali Cyclewala ...

Appellant V/s.

Municipal Corporation of Greater Mumbai ...

Respondent • Mrs.Gawas i/b. Mr.C.K. Tripathi for the Appellant. • Mrs.Madhuri More for the Respondent-MCGM.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th SEPTEMBER, 2018.

P.C. :

1] Heard learned counsel for both the parties.

2] This Appeal is preferred against the order passed by City Civil Court, Borivali Div., Dindoshi, dismissing the Notice of Motion filed by the Appellant on 01/07/2016. Since the filing of the Appeal, the relief of interim protection, granted earlier, is not continued till today; it is therefore clear that the suit must have been proceeded also. 3] Therefore, it would be proper to dispose of the Appeal without entering into the merits of the Notice of Motion. Hence, Appeal stands disposed of.

4] In view of disposal of the Appeal, nothing survives in the Civil Application, hence stands disposed of.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1