Muslim Salim Gazi v. Municipal Corporation Of Greater Mumbai

DSS 18-ao-1138-14 @ caa-1370-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1138 OF 2014 WITH CIVIL APPLICATION NO. 1370 OF 2014 Muslim Salim Gazi .. Appellant vs.

Municipal Corporation of Gr.Mumbai .. Respondent Ms Seema Singh for the Appellant.

Ms M.M. More for the Respondent-MCGM.

CORAM :

M. S. SONAK, J.

DATE : 8 FEBRUARY 2017.

P.C. :- 1] Learned counsel for he parties state that the facts and circumstances of the present appeal are virtually similar to the facts and circumstances which obtained in Appeal From Order No.1134 of 2014, which is disposed of today.

2] Therefore, for the reasons set out in the order dated 8 February 2017 in Appeal From Order No. 1134 of 2014, this appeal is also partly allowed. The delay is condoned and the suit is restored. However, the ad-interim order, if any, which were in operation during pendency of the suit not restored. 3] There shall, however, be no order as to costs. 4] The civil application does not survive and the same is also disposed of.

5] All concerned to act on the basis of authenticated copy of this order.

(M. S. SONAK, J.) 1/1