Smt. Chhaya Mahadeo Pawar v. The Municipal Corporation Of Greater Mumbai

1 28-(2)-CAF-2780-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2780 OF 2018 IN FIRST APPEAL NO. 280 OF 2021 Smt. Chhaya Mahadeo Pawar ... Applicant (Org.

TALLE SHUBHAM ASHOKRAO Plaintiff) TALLE SHUBHAM ASHOKRAO Date: 2024.04.19 10:09:22 +0530 Vs.

The Municipal Corporation Of Greater Mumbai ... Respondent ---------------- Adv. I. S. Yadav i/by Adv. B. P. Shukla, for the Applicant. Mr. Santosh Parad, for the Respondent/MCGM.

----------------- CORAM : KISHORE C. SANT, J.

DATE : 17th APRIL, 2024 P.C.:- 1.

The learned Advocate for the MCGM, points out from the judgment that the suit structure is already demolished by the Municipal Corporation and the Applicant/Plaintiff had admitted in the said fact in the evidence though she has further stated that she has reconstructed the suit structure thereafter however without taking any permission from the Municipal Corporation. Learned Advocate further points out that during the trial there was no injunction order. Thus considering that no interim relief since beginning there is no such question of granting interim relief to the Applicant.

2.

In view of the same, even after filing of the Appeal since 2018 Shubham 1/2

2 28-(2)-CAF-2780-2018.doc till now there is no interim protection granted. This Court finds that no case is made out to grant interim relief in favour of Applicant. 3.

The Civil Application stands disposed of.

4.

Above First Appeal is expedited.

(KISHORE C. SANT, J.) Shubham 2/2