Mr. Jokhu Patai Gupta v. The Mun. Corpn. Of Gr. Mumbai

509.AOST23353_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO. 23353 OF 2017 WITH CIVIL APPLICATION (ST.) NO.23357 OF 2017 IN A.O.(ST.) NO.23353 OF 2017 Jokhu Patai Gupta ... Appellant/Applicant Vs.

The Municipal Corporation of Greater Mumbai ... Respondent Mr. Vishal Kanade i/b. Mr. Jitendra J. Shah, Advocate for the appellant/applicant.

Mrs. Madhuri More, Advocate for the respondent/Corporation. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 21st August, 2017.

P.C.:

Upon urgent mentioning, taken on production board. 2.

This Appeal from Order is directed against the ad-interim order passed by the trial Court on 11th August, 2017 in L.C. Suit No. 2259 of 2017.

3.

The learned counsel for the appellant submitted that his structure is standing since 1981.

4.

The learned counsel for the Corporation, while opposing this Appeal from Order, has submitted that the suit structure stands on 1 / 2

509.AOST23353_2017.doc the footpath. She submitted that she wants to file reply in detail. She further submitted that the matter is fixed before the trial Court on 25th October, 2017.

5.

In view of this submissions, the learned counsel for the Corporation to file reply till 11th September, 2017 and copies is to be furnished to the appellant/plaintiff. Thereafter, the trial Court to hear the matter and conclude it preferably on or before 29th September, 2017. In the meantime, the Corporation not to take any coercive action.

6.

Appeal from Order is disposed of. Civil Application is also accordingly disposed of.

`(MRIDULA BHATKAR, J.) 2 / 2