Cecilla Dcosta v. The Municipal Corporation Fo Gr, Mumbai

39 caf 3552-15=.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3552 OF 2016 IN FIRST APPEAL NO. 861 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Dushyant Pagare for the Applicant.

Ms. Sheetal Mane for the Respondent No.1/MCGM.

CORAM: K.K.TATED, J.

DATED : 17/10/2019 P.C.

Heard learned Counsel for the parties.

By this Civil Application, the Applicant is seeking an order of injunction restraining the Respondent from creating any third party right, title and interest in respect of suit premises comprising of room No. 13, 3rd floor building No.1 Kidwai Nagar, R.A.

Kidwai Road, Wadala, Mumbai - 31.

In the present proceeding, L.C. Suit No.

5941 of 2003 filed by the Applicant Plaintiff was partly allowed by the impugned Judgment and Decree dated 20.12.2008.

Thereafter, the First Appeal was admitted by this Court on 31.07.2009. Since, 31.07.2009, Sneha Chavan 1/2

39 caf 3552-15=.odt there is no ad-interim relief in favour of the Applicant.

In view of this fact, I do not find any substance in the present Civil Application.

Hence, Civil Application stands dismissed in view of efflux of time.

(K.K.TATED, J.) Sneha Chavan 2/2