Ramsajan Jagdishprasad Dubey v. Municipal Corporation Of Greater Mumbai And 2 ORS

RPWL.32-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVLL JURISDICTION REVIEW PETITION LODG. NO. 32 OF 2018 Ramsajan Jagdishprasad Dubey ..Petitioner.

Vs Municipal Corporation of Greater Mumbai & Ors. ..Respondents ----- Ms. Aparna Murlidharan and Ms. Sayali Apte I/b Mr. P.G. Lad for Petitioner.

Mr. Sagar Patil for Respondents.

CORAM : A.S. OKA & A.S.GADKARI, J.J.

DATE : 28th January 2019.

P.C.:

1] Heard the learned counsel for the Petitioner and the learned counsel for the Respondents.

The petition is opposed by the learned counsel for the respondents.

2] We are inclined to recall the Order dated 22nd June 2017, not on merits, but only on the ground that when Writ Petition No.2277 of 2007 was called out on 22nd June 2017 for final hearing, none appeared for the petitioner. In the Writ Petition, there is a prayer questioning the 1/2

RPWL.32-2018.doc decision dated 28th September 2006. Hence, we recall the Order dated 22nd June 2017 and the Writ Petition No.2277 of 2007 is restored. 3] However, we make it clear that interim relief, if any, granted in the Writ Petition is not restored. The Petitioner is at liberty to apply for revival of interim relief.

4] Accordingly, Review Petition (Lodg.) No. 32 of 2018 is disposed of in the aforesaid terms.

(A.S.GADKARI, J.) (A.S.OKA, J.) 2/2