Mr. Abdul Rashid Mohammed Yusuf v. Municipal Corporation Of Greater Mumbai, Thr, Asst. Engineer(Building And Factory)

ssm 1 34-aost24771.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO. 24771 OF 2019 WITH CIVIL APPLICATION (STAMP) NO. 24772 OF 2019 IN APPEAL FROM ORDER (STAMP) NO. 24771 OF 2019 Mr. Abdul Rashid Mohammed Yusuf .....Appellant.

Vs.

Municipal Corporation of Greater Mumbai.

.....Respondents.

Mr. Sushil Upadhyay i/by A.M. Saraogi for the Appellant. Smt. Eventa Gonsolves for the Intervenor.

Smt. Madhuri More for the Respondent-MCGM.

CORAM : A. S. GADKARI, J.

DATE : 13th JANUARY, 2020.

P.C.:- The present Appeal under Order 43 of the Code of Civil Procedure (for short, "CPC")is filed against the Order dated 19th August, 2019, adjourning the Suit filed by the Appellant. The present Appeal under Order 43 itself is not maintainable in view of the fact that, there is no Order impugned herein as contemplated under Order 43 Rule 1 of the CPC.

The present Appeal is misconceived and accordingly dismissed 1/2

ssm 2 34-aost24771.19.doc in limine.

In view of dismissal of Appeal from Order itself, Civil Application (Stamp) No. 24772 of 2019 does not survive and is also disposed off.

(A.S. GADKARI, J.) by Sanjiv S.

Mashalkar Date:

2020.01.17 11:33:13 +0530 Sanjiv S.

Mashalkar 2/2