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Bombay High CourtAO/28/2024allowed

Kitabullah Khan v. The Mumbai Municipal Corporation Of Greater Mumbai

2024-09-05Hon'Ble Shri Justice Shyam C. Chandak4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 20 OF 2024 INTERIM APPLICATION NO. 318 OF 2024 APPEAL FROM ORDER NO. 20 OF 2024 Matin Ahmed Abdul Majid Khan & Anr.

... Appellants/Applicants APPEAL FROM ORDER NO. 22 OF 2024 INTERIM APPLICATION NO. 320 OF 2024 APPEAL FROM ORDER NO. 22 OF 2024 APPEAL FROM ORDER NO. 24 OF 2024 INTERIM APPLICATION NO. 322 OF 2024 APPEAL FROM ORDER NO. 24 OF 2024 Jalaluddin Hukumullah Shaikh APPEAL FROM ORDER NO. 28 OF 2024 INTERIM APPLICATION NO. 327 OF 2024 APPEAL FROM ORDER NO. 28 OF 2024 1/4

APPEAL FROM ORDER NO. 26 OF 2024 INTERIM APPLICATION NO. 326 OF 2024 APPEAL FROM ORDER NO. 26 OF 2024 Abdullah Kitabullah Khan APPEAL FROM ORDER NO. 23 OF 2024 INTERIM APPLICATION NO. 324 OF 2024 APPEAL FROM ORDER NO. 23 OF 2024 Matin Ahmed Abdul Majid Khan & Anr.

...Appellants/Applicants APPEAL FROM ORDER NO. 25 OF 2024 INTERIM APPLICATION NO. 323 OF 2024 APPEAL FROM ORDER NO. 25 OF 2024 Jalaluddin Hukumullah Shaikh APPEAL FROM ORDER NO.27 OF 2024 2/4

INTERIM APPLICATION NO. 325 OF 2024 APPEAL FROM ORDER NO. 27 OF 2024 APPEAL FROM ORDER NO. 21 OF 2024 INTERIM APPLICATION NO. 319 OF 2024 APPEAL FROM ORDER NO. 21 OF 2024 Mohd. Muzzamil Matin Ahmed Khan ... Respondent.

Mr. S.C. Naidu a/w. Ms. Megha Shigavan and Ms. Divya Yajurvedi for the Appellants in all the matters.

Mr. Narendra Walawalkar, Sr. Advocate with Mr. Dharmesh Vyas and Ms. Seena Rawade for the Respondent - MCGM. CORAM : SHYAM C. CHANDAK, J.

DATED : 05th SEPTEMBER, 2024.

P.C. :

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Heard learned Advocates for the respective parties. 2) The Appellant to produce a certified copy of the Deed of Conveyance marked as Annexure 'X' at page no.15 of the compilation. The said certified copy shall be prepared based on the official copy/public record available with the office of the Sub-Registrar/Authority concerned. In other words, the said certified copy shall not be prepared on the basis of the original available with the Appellant/Plaintiff. 3/4

3) Record indicates that, for the first time, these Appeal came on board on 09th January, 2024. On that day, the Appeals were adjourned to 15th January, 2024 as part-heard. Even though the Notice of Motion was rejected, the interim relief was continued for three weeks by the trial Court from the date of uploading of the order of rejection of the said notice of motion. While adjourning these Appeals on 09th January, 2024 as above, following order was passed :- " Stand over to 15 January 2024 (part-heard).

2. Interim relief granted earlier, if any, shall continue to operate till the next date. "

4) The learned Advocates for the parties made a statement that, status quo has been maintained in respect of the suit property. 5) Having regard to the aforesaid, there shall be an ad-interim stay to the impugned notice dated 27th March, 2018 till the next date. 6) Stand over to 19th September, 2024.

(SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2024.09.10 19:37:59 +0530 4/4