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Bombay High CourtIA/15284/2024disposed off

Mr. Rukhsana Abdul Rahim Badra And Others v. Municipal Corporation Of Greater Mumbai

2026-03-16Hon'Ble Shri Justice Farhan Parvez Dubash3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by JYOTI PRAKASH PAWAR Date:

2026.03.17 19:13:01 +0530 JYOTI PRAKASH PAWAR INTERIM APPLICATION NO. 15284 OF 2024 IN APPEAL FROM ORDER (ST) NO. 28922 OF 2024 Mr. Rukhsana Abdul Rahim Badra And Others ..

Appellants/Applicants V/s.

Municipal Corporation of Greater Mumbai ..

Respondent ______________________________________ Mr. Uzair Kazi a/w Mr. Rohit Vaishya i/b YMK Legal for Appellants. Ms. Madhuri Nalluri (through VC) a/w Mr. Sachin V. for Respondent - MCGM.

_______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

16th MARCH 2026 P.C.:

1.

Ms. Madhuri Nalluri, learned Counsel who appears on behalf of the Respondent - Corporation, tenders a copy of a Report dated 15th December 2025 from the concerned officers of the Respondent - Corporation. The same is taken on record. A perusal of this Report would reveal that upon a site visit that was conducted on 15th December 2025, it was observed that the notice structure was still in existence. Annexed to this Report are photographs which show the existence of the notice structure. The said Report is taken on record and a copy of the same shall be provided to the Appellants.

INTERIM APPLICATION NO. 15284 OF 2024 2.

The Appellants have taken out the present Interim Application seeking to condone the delay of 284 days in filing the Appeal from Order. 3.

Upon perusal of the said application, this Court is satisfied with the reasons set out therein and is of the view that the delay is required to be condoned. However, the Applicant is required to be put to some terms. 4.

Considering this, the following order is passed: ::ORDER::

(i) Subject to the Appellant making payment of a sum of Rs. 15,000/- to the Bombay Bar Association Trust, on or before 2nd April 2026, the delay of 284 days in filing the Appeal from Order shall be condoned and the Appellants shall thereafter remove all office objections and get the Appeal from Order numbered, on or before 10th April 2026.

(ii) The present Interim Application is accordingly disposed of.

5.

Till then, ad-interim injunction that was earlier granted vide order dated 7th April 2025 shall continue to operate till the next date of hearing.

6.

Office is thereafter directed to place the matter before the appropriate Bench.

( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil