Mr. Mangesh Yashwant Parave And Others v. Municipal Corporation Of Greater Mumbai, Thr. Its Commissioner, And ORS

by VARSHA VIJAY RAJGURU Date:

2025.07.09 14:21:54 +0530 VARSHA VIJAY RAJGURU 12-ia-15824-2024-ao-654-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15824 OF 2024 IN APPEAL FROM ORDER NO. 654 OF 2019 Mr. Mangesh Yashwant Parave and Ors ... Applicants/Appellants vs.

Municipal Corporation of Greater Mumbai through its Commissioner and Ors ... Respondent Mr. Khushood Akhtar i/b. Mr. Shivaji R. Nirmale for Appellant. Ms. Manisha Jagtap for Respondent No.2-MHADA. Ms. Neeta Jadhav i/b. Ms. Komal Punjabi for Respondent-BMC. Mr. Vikramjit Gerwal a/w. Mr. Sanjeel Kadam, Ms. Netra Jagtap i/b. Kadam and Company for Respondent No.3.

CORAM : GAURI GODSE, J.

DATED : 8th JULY 2025 ORDER:

1.

Learned counsel for the applicants in Interim Application No. 15824 of 2024 and for the appellants in Appeal from Order No. 654 of 2019, seeks leave to withdraw the interim application and the appeal with the liberty to challenge the order dated 22nd July 2014 in Notice of Motion No. 3834 of 2013 in L.C. Suit No. 2605 of 2008. Leave granted.

Page no. 1 of 2

12-ia-15824-2024-ao-654-2019.doc 2.

The appellants/original plaintiffs are at liberty to challenge the order dated 22nd July 2014 in Notice of Motion No. 3834 of 2013 in L.C. Suit No. 2605 of 2008 by adopting appropriate proceedings as permissible in law. The appellants/Original plaintiffs are at liberty to rely upon the period of pendency of this appeal for seeking condonation of delay if any, in adopting appropriate proceedings.

3.

The rival contention in respect of the same are kept open. 4.

The applicants in Interim Application No. 15824 of 2024, are granted leave to withdraw the application with liberty to adopt appropriate proceedings as permissible in law. Leave granted. 5.

All rival contentions of the parties on merits are kept open. 6.

Appeal and Interim Applications are disposed of as withdrawn with liberty as recorded above.

7.

In view of disposal of the appeal, any other pending interim applications or civil applications are disposed of as infructuous. (GAURI GODSE, J.) Page no. 2 of 2