Mr. Ramjiyawan Rambaran Yadav v. Municipal Corporation Of Greater Mumbai And ANR

Chittewan 1/2 904.AO 274-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.274 OF 2017 WITH CIVIL APPLICATION NO.359 OF 2017 Mr. Ramjiyawan Rambaran Yadav ...

Applicant/Appellant

Versus

Municipal Corporation of Greater Mumbai ...

Respondent .....

Mr. V.R. Tripathi for the Appellant/Applicant. Ms. Madhuri More for the Respondent/MCGM.

.....

CORAM : S.C.GUPTE, J.

DATE : 3 MAY 2017 P.C. :

.

Heard learned Counsel for the parties.

Both parties are agreeable to go back to the City Civil Court at Bombay and have the motion heard and decided finally. The impugned order passed by the City Civil Court at Bombay, dated 23 August 2016 is, accordingly, set aside and the matter is remanded back to the City Civil Court at Bombay for hearing of the Notice of Motion. The Defendant/MCGM to file its reply to the Notice of Motion within a period of five weeks from today. Rejoinder, if any, within two weeks thereafter. The Notice of Motion to be heard and decided finally by the City Civil Court at Bombay before 31 August 2017.

Chittewan 2/2 904.AO 274-17.doc In the meantime, pending the hearing and final disposal of the Notice of Motion, there will be an injunction in terms of prayer clause-(a) of the draft Notice of Motion. Appeal from Order is, accordingly, disposed of.

In view of the disposal of the Appeal from Order, Civil Application No.359 of 2017 does not survive and the same is also disposed of. (S.C. GUPTE, J.)