Chandrakant Krishna Shetty v. Municipal Corporation Of Greater Mumbai And ORS

62 CAA 560 OF 2015 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.560 OF 2015 IN APPEAL FROM ORDER (ST) NO.34587 OF 2014 WITH APPEAL FROM ORDER (ST) NO.34587 OF 2014.

Chandrakant Krishna Shetty ...

Applicant V/s.

The Municipal Corporation of Greater Mumbai and ors ...

Respondents Mr. Dushyant Krishna i/by Omkar M. Kulkarni, for the the applicant.

Mrs. Madhuri More, for respondent corporation. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 8th JANUARY, 2019.

P.C. :

1] Heard learned counsel for the applicant and respondent. 2] This application seeking condonation of delay of 39 days in challenging the order dated 26.9.2014, passed in the Notice of Motion No.1900 of 2014 in L.C. Suit No.1055 of 2014. The said order was passed under Order 39 Rule 2-A of the Code of Civil Procedure. 3] Learned counsel for respondent corporation brings to the notice of this Court that Appeal is not maintainable against such an order, as the proper remedy is Writ Petition. In this respect, she has 1/2

62 CAA 560 OF 2015 placed reliance on the judgment of this Court in the case of Bholeshankar Awas Gruha Nirman Sahakari Sanstha Maryadit, Nagpur Vs. Omprakash Dwarkaprasad Malviya [2008 (5) Mh. L.J.952].

4] In view thereof, the Appeal is clearly not maintainable and hence Appeal stand disposed off as dismissed. 5] In view of dismissal of Appeal itself, pending Civil Application therein becomes infructuous and the same is disposed off. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2