Shri Ramkesh Sitaram Gupta v. The Municipal Corporation Of Greater Bombay And Others

60-AO-227-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 227 OF 2024 rrpillai WITH INTERIM APPLICATION NO. 6726 OF 2024 Shri Ramkesh Sitaram Gupta ...

Appellants/Applicants Vs.

The Municipal Corporation of ...

Respondents Greater Bombay and Others Mr. Kaustubh Patil (through VC) for Appellant. Mr.Dharmesh Vyas (through VC) for Respondent - MCGM a/w. Mr. Om Suryavanshi.

Mr. Ratnakar Sasane, JE (M) H/East) present in Court. CORAM : GAURI GODSE, J.

DATE :

27th JANUARY 2025 ORDER :

1.

Learned counsel for the corporation submits that the water connection to the plaintiff's property is already disconnected. According to the learned counsel for the corporation the interim protection extended by the City Civil Court came to an end on 13th March 2024. He therefore submits that before this court extended the interim protection on 15th March 2024, the corporation had already disconnected the water supply.

Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2025.01.27 08:39:14 +0200 RAJESHWARI RAMESH PILLAI 2.

I have perused the impugned order. By the impugned order 1/2

60-AO-227-2024.docx the ad-interim protection granted in favour of the plaintiff was continued for two weeks on 29th February 2024. Hence the interim protection was continued till 14th March 2024. This court continued the ad-interim protection on 15th March 2024. 3.

On 15th March 2024 the learned counsel on behalf of the corporation had waived notice. However, the order does not record any such submissions on behalf of the corporation that water connection is already disconnected.

4.

To enable the learned counsel for the corporation to justify his statement, list the appeal on 18th February 2025. To be listed High on Board under the caption for "Admission".

5.

Ad-interim protection already granted to continue till the next date.

[GAURI GODSE, J.] 2/2