Krishnaswami Kannu Padiyachi v. The Municipal Corporation Of Greater Mumbai

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.859 OF 2016 WITH CIVIL APPLICATION NO.1066 OF 2016 Panju Manakvalan Mupudathi .... Appellant V/s.

The Municipal Corporation of Greater Bombay & Ors.

.... Respondents ALONG WITH APPEAL FROM ORDER NO.860 OF 2016 WITH CIVIL APPLICATION NO.1067 OF 2016 Krishnaswami Kannu Padiyachi .... Appellant V/s.

The Municipal Corporation of Greater Bombay & Ors.

.... Respondents ALONG WITH APPEAL FROM ORDER NO.861 OF 2016 WITH CIVIL APPLICATION NO.1068 OF 2016 P. Vijaykumar .... Appellant V/s.

The Municipal Corporation of Greater Bombay & Ors.

.... Respondents Mr. Bharat Chaudhari, i/by Mr. J.P. Thakkar, for the Appellants. Mrs. M.R. Bhoir for Respondent No.1-BMC.

Mr. Saket More for Respondent No.3.

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CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 1 ST SEPTEMBER 2016.

P.C. :

1.

Mentioned. Not on Board. Taken on Board in view of the praecipe. 2.

Heard learned counsel for the appellants and learned counsel for the respondents.

3.

All these three appeals are preferred against the orders passed by the City Civil Court, Mumbai, thereby refusing ad-interim relief to the appellants. The impugned orders were passed on 20th August 2016. However, on the same day, while refusing the ad-interim relief, the Trial Court has directed the respondents herein to maintain status-quo for next two weeks, which period is expiring on 3rd September 2016. The impugned order also reveals that the Notices of Motion are still pending before the Trial Court.

4.

In view thereof, in my considered opinion, these appeals hold no merit. It would serve interest of all the parties, if the parties are directed to maintain status-quo till the Notices of Motion are heard, which are placed on 20th September 2016.

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5.

Accordingly, all these appeals stand disposed of as dismissed. However, the order passed by the Trial Court of the respondents/defendants maintaining the status-quo, is extended till 20th September 2016, when the Notices of Motion are kept before the Trial Court for filing of reply therein.

6.

All the contentions of the parties are kept open. 7.

In view of dismissal of the appeals, Civil Applications pending therein no more survives and hence the same are disposed of. [DR. SHALINI PHANSALKAR-JOSHI, J.] 3/3