Vadilal Kunverji Gada v. The Municipal Corporation Of Greater Mumbai And Another

1/2 31 IA 1870-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1870 of 2022 IN APPEAL FROM ORDER ST NO.20044 OF 2021 Vadilal Kunwarji Gada ..

Applicant

Versus

The Municipal Corporation of Gr.Mumbai ..

Respondent ...

Mr.Atharva Dandekar i/b Ekta Tripathi for the applicant. Mr.Om Suryawanshi for the respondent MCGM.

CORAM: BHARATI DANGRE, J.

DATED : 28th MARCH, 2022 P.C:- Interim Application No.1870/2022 is filed seeking condonation of delay under the misconception that the Appeal is filed belatedly. However, the office has clarified that there is no delay.

In the wake of the above, IA No.1870/22 is disposed off.

The Appeal can be disposed off by directing the City Civil Court, Dindoshi to decide the Notice of Motion NO.407/22 filed in L.C. Suit No.1400/21 within the stipulated Tilak

2/2 31 IA 1870-22.doc period, since it was noticed that the ad-interim is refused in favour of the plaintiff on 6/8/2021 and the Appeal was not circulated till date. The aforesaid fact justify the following order :-

O R D E R

(i) The City Civil Court, Borivali Division shall finally decide the Notice of Motion No.407/2022 on or before 16/4/2022. (ii) The plaintiff as well as the MCGM shall appear before the learned Judge on 31/3/2022 and make a request for taking up the case on Board.

(iii) The plaintiff and the defendant shall render all their cooperation to the learned Judge in disposing off the aforesaid Notice of Motion.

( SMT. BHARATI DANGRE, J.) Tilak