Laxmiben Dungarshi Shah v. Municipal Corporation Of Greater Mumbai

(920) AOST 30691-16 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO. 30691 OF 2016 WITH CIVIL APPLICATION (STAMP) NO. 30692 OF 2016 Chitra Sameer Desai .. Appellant Vs.

Municipal Corporation of Gr. Mumbai .. Respondent WITH APPEAL FROM ORDER (STAMP) NO. 30693 OF 2016 WITH CIVIL APPLICATION (STAMP) NO. 30694 OF 2016 Laxmiben Dungarshi Shah .. Appellant Vs.

Municipal Corporation of Gr. Mumbai .. Respondent Mr. Devdatta Ajit Sakhalkar for the Appellant. Mrs. M. R. Bhoir for the BMC.

CORAM : G. S. KULKARNI, J.

DATE : 23 rd NOVEMBER, 2016.

P. C. :

1.

The impugned orders are similar to the one passed by the learned Trial Judge in Notice of Motion No. 2842 of 2016 in L. C. Suit No. 2651 of 2016 which are subject matter of Appeal from Order (Stamp) No. 30689 of 2016. These appeals were, therefore, tagged along with the said appeal. Appeal from Order (Stamp) No. 30689 of 2016 is decided by a separate order. As the impugned orders are similar to the one passed by the learned Trial Judge in Notice of Motion No. 2842 of 2016 in L. C. Suit No. 2651 of 2016, as agreed by the parties, these appeals are also 1/2

(920) AOST 30691-16 required to be allowed in terms of the order passed in above Appeal from Order. They are, accordingly, allowed.

2.

These appeals are disposed of in the above terms. No costs. 3.

The Civil Application (Stamp) Nos.30692 of 2016 and 30694 of 2016 do not survive and stand disposed of. [G. S. KULKARNI, J.] 2/2