Bharat Baban Kokne v. The Municipal Corporation Of Greater Bombay

P.H. Jayani 19 AO1031.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1031 OF 2016 WITH CIVIL APPLICATION NO. 1304 OF 2016 IN APPEAL FROM ORDER NO. 1031 OF 2016 Bharat Baban Kokne ....Appellant/Applicant V/s.

The Municipal Corporation of Greater Mumbai & Ors.

....Respondents Mr. Dinesh Bhosale I/b. Mr. D.W. Bhosale for the appellant. Mrs. M.R. Bhoir for the respondents/MCGM.

CORAM : V.M. DESHPANDE, J.

DATED : 26th JUNE, 2018.

P.C.:

.

Heard Mr. Dinesh Bhosale, learned counsel for the appellant and Mrs. M.R. Bhoir, learned counsel for the respondents/MCGM. 2.

At the outset, learned counsel for the appellant submits that he wish to withdraw the present appeal with a direction to the Trial Court to dispose of the Long Cause Suit No.2236 of 2014 within a period of six months from today by continuing the order of status quo which is in operation since 2014 and which was continued by this Court (Coram :

P.H. Jayani 19 AO1031.16.doc G.S. Kulkarni, J.) on 06th December, 2016. The prayer made by the learned counsel for the appellant is acceptable. Hence, I pass the following order :- (i).

The appeal is allowed to be withdrawn by maintaining the order dated 25th November, 2016.

(ii) The learned Judge, City Civil & Sessions Court, Greater Bombay on whose file the Long Cause Suit No.2236 of 2014 is pending, shall try and dispose of the said suit as expeditiously as possible within a period of six months from the date of receipt of this order after giving opportunity of hearing to both the parties. Till that time, the order of status-quo dated 06th December, 2016 granted by this Court, to remain in operation.

(iii) In view of this, Appeal from Order is disposed of with no order as to costs. All pending Civil Applications stands disposed of. (V.M. DESHPANDE, J.)