Smt. Krishna Tarasingh Khurana v. Municipal Corporation Of Greater Mumbai

28.3-AOST.33475-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST. NO.33475 OF 2017 WITH CAA (ST) NO.33477 OF 2017 Smt.Krishna Tarasingh Khurana ..Appellant Vs The Municipal Corporation of Greater Mumbai ..Respondents ----- Mr. Vijay Thorat, Senior Advocate a/w Ashok Pande i/b Mr. Anand Pande for Appellant.

Ms. Madhuri More for Respondent.

------ CORAM : A.S.GADKARI, J.

DATE : 13th February 2020.

P.C.:

1] By the present Appeal from Order, the appellant has impugned Order dated 21st November 2017 passed by the learned Judge, City Civil Court, Borivali Division, Dindoshi, Mumbai in Draft Notice of Motion in L.C. Suit No.3084 of 2017, refusing to grant ad-interim injunction in favour of the appellant. 2] The record indicates that, this Court by its Order dated 30.11.2017 had directed the parties herein to maintain status-quo for a period of two weeks. The said ad-interim relief was thereafter continued from time to time and is in operation as of today.

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28.3-AOST.33475-2017.doc 3] Mr. Thorat, the learned senior counsel for the appellant submitted that, the said Notice of Motion is now numbered as No.4187 of 2017 and is fixed for final hearing on 12.3.2020.

4] In view thereof, ad-interim relief granted by this Court by its Order dated 30th November 2017 to remain in operation till the disposal of Notice of Motion No. 4187 of 2017 in L.C. Suit No.3084 of 2017. 5] Learned Judge seized of said Notice of Motion No. 4187 of 2017 in L.C. Suit No.3084 of 2017 is hereby requested to expedite hearing of the said motion expeditiously and to make an endevour to disposed it off within a period of three months from the date of receipt of present Order. 6] Appeal is partly allowed in the aforesaid terms. 7] In view of disposal of the appeal, Civil Application does not survive and is accordingly disposed off.

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