Nikhil Dashrath Dabade v. The Municipal Corporation Of Greater Mumbai
P.H. Jayani 902 AO448.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 448 OF 2024 WITH INTERIM APPLICATION NO. 9525 OF 2024 IN APPEAL FROM ORDER NO. 448 OF 2024 Nikhil Dashrath Dabade .... Appellant V/s.
The Municipal Corporation of Greater Mumbai .... Respondent Mr. P.J. Thorat a/w. Adv. J.S. Yadav i/b. Mr. B.S. Shukla for the Appellant. Ms. Seena Rawade for the Respondent - MCGM.
Mr. Gopal Arde, Jr. Engineer, MCGM, present.
CORAM : SHYAM C. CHANDAK, J.
DATED : 04th OCTOBER, 2024 P.C. :- .
Heard learned counsel for the respective parties. Perused the Appeal memo and the Interim Application filed therein. 2) After hearing the Appeal for some time, learned Advocate for the Appellant made a statement that, if the Corporation files reply to the Draft Notice of Motion in L.C. Suit No.1039 of 2024 before the learned Judge, City Civil Court, Dindoshi, Borivali Division, Mumbai on the due date i.e., on 26th November 2024, he would not press this Appeal. 3) Learned counsel for the Respondent-Corporation made a statement that, the Respondent would file the reply to the Draft Notice of Motion on the given due date, with advance copy to the other side. 4) The aforesaid statements are accepted. The Appeal is liable to 1/2
P.H. Jayani 902 AO448.2024.doc be disposed of, accordingly. Hence, following Order :- (a) Appeal from Order No.448 of 2024 is disposed of. (b) The Respondent - Corporation to file reply to the Draft Notice of Motion in L.C. Suit No.1039 of 2024 before the learned Judge, City Civil Court, Dindoshi, Borivali Division, Mumbai on the next date i.e., 26th November, 2024. (c) It is made clear that, the aforesaid Appeal is not heard on merits. All contentions of the parties are left open for consideration on its own merits.
5) Appeal stands disposed of in above terms.
6) As a result, Interim Application No.9525 of 2024 does not survive and stands disposed of, accordingly.
PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2024.10.17 19:39:12 +0530 2/2