Mrs. Madhavi Arun Rane v. The Municipal Corporation Of Greater Mumbai

Mamta Kale 37-ao-984-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 984 OF 2023 WITH INTERIM APPLICATION NO. 17708 OF 2023 IN APPEAL FROM ORDER NO. 984 OF 2023 Mrs. Madhavi Arun Rane ..Appellant Vs.

The Municipal Corporation of Greater Mumbai ..Respondent WITH APPEAL FROM ORDER NO. 983 OF 2023 WITH INTERIM APPLICATION NO. 17707 OF 2023 IN APPEAL FROM ORDER NO. 983 OF 2023 Mr. Nilesh Gajanan Chalke through PoA Mr. Arun Ganpat Shirke ..Appellant Vs.

The Municipal Corporation of Greater Mumbai ..Respondent Digitally signed by MAMTA AMAR KALE Date:

2024.04.17 17:21:13 +0530 MAMTA AMAR KALE ---- Mr. Harsh Dedhia, for the Appellants in both AO's. Ms. Smita V. Tondwalkar , for the Respondent / MCGM. ---- CORAM : R. N. LADDHA, J.

DATE : 17 APRIL 2024

Mamta Kale 37-ao-984-2023.doc P.C.

.

The notice issued by the respondent - Corporation indicates that unauthorised construction is currently underway at the suit site. However, the learned counsel for the appellants disputes this claim.

2.

In light of this, the learned counsel for the appellants fairly suggests that this appeal can be disposed of by directing the learned trial Court to decide the suit in a time bound manner while maintaining the status-quo. Both parties agree to cooperate with the trial Court for the expeditious disposal of the suit.

3.

Considering the circumstances of the case, the trial Court is requested to expedite the hearing of the suit and decide the suit on its own merits and in accordance with the law, preferably within eight months from the date of receiving this order. Until then, parties to maintain the status-quo.

4.

Accordingly, both these appeals stand disposed of. As a sequel, pending interim applications also stand disposed of. R. N. LADDHA, J.