Mr Shankar Shivayya Kurry v. The Municipal Corporation For Greater Bombay

27 AOST 21295 OF 2015 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.21295 OF 2015 WITH CIVIL APPLICATION (ST) 21298 OF 2015 Shankar Shivayya Kurry ...

Appellant.

V/s.

Municipal Corporation for Greater Mumbai and anr ...

Respondents Mr. Kishor S. Patil, for the appellant.

Mrs. Madhuri More, for respondent corporation. Mr. Gurunath B. Walawalkar i/by Shankar P. Thorat, for respondent No.2.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 5th FEBRUARY, 2019.

P.C. :

1] Heard learned counsel for the appellant and respondents. 2] It is submitted by learned counsel for the appellant that this Appeal is preferred by the appellant against the refusal of adinterim relief, vide it's order dated 05.08.2015. Thereafter this Court has granted ad-interim relief by it's order dated 06.08.2015. The same order is continued till today.

3] In view thereof, it is submitted by learned counsel for appellant and respondents that as the Notice of Motion is yet pending before the trial Court, this Appeal can be disposed off by directing the 1/2

27 AOST 21295 OF 2015 trial Court to decide the said Notice as expeditiously as possible, by extending the ad-interim relief till disposal of the Notice of Motion. 4] Accordingly, the Appeal is disposed off with direction to the trial Court to decide the Notice of Motion as expeditiously as possible.

5] Ad-interim relief granted by this Court to continue till disposal of the Notice of Motion.

6] In view of disposal of Appeal itself, pending Civil Application therein no more survives and the same is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2