Mr. Sirajuddin Abdul Sattar Ansari v. The Municipal Corporation Of Greater Mumbai Thr. Its Assistant Municipal Commissioner

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 166 OF 2019 ALONGWITH CIVIL APPLICATION NO. 199 OF 2019 MR. SIRAJUDDIN ABDUL SATTAR ANSARI } APPELLANT V/S.

THE MUNICIPAL CORPORATION OF GREATER MUMBAI } RESPONDENTS * * * * Mr. R.A.Thorat, Senior Advocate i/by. Mr. S.P. Chavan, for the appellant.

Mr. Ravindra Sirsikar, Advocate for the M.C.G.M.- respondent.

Coram : Sandeep K. Shinde, J.

Thursday, 3rd March, 2022.

P.C. :

1) Heard learned Counsel for the parties.

2) This Appeal challenges the order refusing the adinterim relief that was passed on 12th December, 2018 in Draft Notice of Motion in L.C. Suit No. 3714/2018. However, the trial Court directed the parties to maintain

Rane 2/2 AO-166-2019-SR.18 Wednesday, 3 rd March, 2022.

the status-quo. That order was continued by this Court from time to time till date.

3) In that view of the matter, it would be appropriate to relegate the parties to the trial Court for hearing the Motion on merits. For that reasons, the trial Court shall make an endeavour to decide the Draft Notice of Motion in L.C. Suit No. 3714/2018, expeditiously without being infuenced by the order refusing the interim relief and/or order directing the parties to maintain the status-quo passed by this Court.

4) Needless to state that the order directing the parties to maintain the status-quo shall continue to operate till the Notice of Motion is decided. 5) With these observations, the Appeal from Order stands disposed of.

6) With disposal of the Appeal from Order, Civil Application No. 199/2019 does not survive. The same also stands disposed of.

NEETA SHAILESH SAWANT (Sandeep K. Shinde, J.) NEETA SHAILESH SAWANT Date: 2022.03.05 11:35:26 +0530