Mohammed Ismail Gulam Rasool Shaikh v. The Municipal Corporation Of Greater Mumba And ANR

503-ao-259-2025-ia-7721-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.259 OF 2025 WITH INTERIM APPLICATION NO. 7721 OF 2025 Mohammed Ismail Gulam Rasool Shaikh ... Appellant/Applicant vs.

The Municipal Corporation of Greater Mumbai and Anr ... Respondents Mr. Anil Anturkar, Senior Advocate a/w. Mr. Shobhit Shukla a/w. Mr. Rafiullah Shaikh and Ms. Zainab R. Shaikh for the Appellant/Applicant.

Ms. Neeta Jadhav i/b. Ms. Komal Punjabi for Respondent-BMC. CORAM : GAURI GODSE, J.

DATED : 25th APRIL 2025 ORDER:

1.

Not on board. Taken on production board.

2.

This appeal is preferred by the plaintiff challenging refusal of the ad-interim relief in his suit. The suit is filed to challenge the action of demolition undertaken by the corporation. 3.

After arguing the appeal for sometime, learned senior counsel Digitally signed by VARSHA VIJAY RAJGURU Date:

2025.04.25 20:28:00 +0530 for the appellant on instructions seeks four weeks time to remove VARSHA VIJAY RAJGURU Page no. 1 of 2

503-ao-259-2025-ia-7721-2025.doc the offending structure. He submits that the offending structure is occupied only by the appellant and he shall file necessary undertakings in this court that he shall remove the offending structure within four weeks from today. The offending structure is described in a notice dated 10th May 2018 (Exhibit-G to the appeal). 4.

Learned senior counsel for the appellant submits that the necessary undertakings would be tendered on Monday i.e. 28th April 2025.

5.

List this appeal on 28th April 2025 under the caption for 'directions'.

6.

The corporation shall not demolish the structure till Monday i.e. 28th April 2025.

(GAURI GODSE, J.) Page no. 2 of 2