Mukesh Kumar Shesnath Giri v. Municipal Corporation Of Greater Mumbai Thr. Executive Engineer (Designated Officer)

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 68 OF 2025 WITH INTERIM APPLICATION NO. 1308 OF 2025 IN APPEAL FROM ORDER NO. 68 OF 2025 Mukesh Kumar Shesnath Giri .....Appellant Through Mr. Sahil Anil Vairat Vs.

Municipal Corporation of Greater Mumbai .....Respondents Thr. Executive Engineer Mr. Anil R. Mishra i/b Mr. Vijay Shukla Advocate for the Appellant Mr. Om Suryavanshi for respondent BMC CORAM : GAURI GODSE, J.

IRESH MASHAL DATE :

7th FEBRUARY 2025 Digitally signed by IRESH MASHAL Date:

2025.02.11 10:10:27 +0530 ORDER:

1.

This appeal arises out of rejection of ad-interim relief by the City Civil Court. The suit is filed to challenge notice under Section 55 of The Maharashtra Regional and Town Planning Act, 1966. 2.

Learned counsel for the Corporation submits that a reply on behalf of the Corporation in the notice of motion shall be filed on the next date. This Court, vide order dated 17th December 2024 has 1/3

extended the protection that was already granted by the City Civil Court. The City Civil Court had granted protection that no coercive action shall be taken till the next date.

3.

When the impugned order was passed, reply of the Corporation was not filed. It would be appropriate that after considering the reply, notice of motion is heard on merits. Any reasons by this Court at this stage is likely to affect the merits of the rival contentions of the parties in the notice of motion.

4.

Hence, by consent, appeal from order is disposed of by passing the following order:

O R D E R

(I) The Corporation shall file affidavit-in-reply in the notice of motion on the next date.

(II) By way of ad-interim relief, no coercive action to be taken in respect of the offending structure during the pendency of the notice of motion.

(III) Notice of motion shall be decided on its own merits uninfluenced by the impugned order or any observations by this Court in this order. 2/3

(IV) All contentions of both parties on merits are kept open. 5.

Appeal From Order is disposed of in above terms. 6.

In view of disposal of Appeal From Order, Interim Application No. 1308 of 2025 is disposed of as infructuous.

[GAURI GODSE, J.] 3/3