Ganesh Vishwas Dimbale v. M/S Lipane Associates, Though Its Duly Authorised Partner/ Mr. Dhananjay Nivrutti Lipane And ORS.

Digitally signed by VARSHA VIJAY RAJGURU Date:

2025.08.16 15:08:25 +0530 VARSHA VIJAY RAJGURU 511-ao-476-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 476 OF 2025 WITH INTERIM APPLICATION NO. 11117 OF 2025 Mr. Pardeshi Chunnilal Prajapati ... Appellant/Applicant vs.

Municipal Corporation of Greater Mumbai and Anr ... Respondents Mr.C.K. Tripathi for Appellant.

Mr. Om Suryavanshi i/b. Ms. Komal Punjabi for Respondent-BMC. CORAM : GAURI GODSE, J.

DATED : 14th AUGUST 2025 ORDER:

1.

Not on board. Taken on the production board.

2.

This appeal is urgently circulated on behalf of the appellant as there is a threat of dispossession. In a suit filed for injunction that the appellant should not be dispossessed without following due process of law, the prayer for ad-interim relief is rejected. Hence, this appeal by the plaintiff.

3.

Learned counsel for the appellant submits that without referring to any provision of law, the corporation has issued 48 Page no. 1 of 2

511-ao-476-2025.doc hours notice to shift the appellant's stall. He submits that the concerned officer of the corporation forcibly disconnected the electricity and removed the motor of the sugarcane crushing machine.

4.

Learned counsel for the corporation seeks time to take instructions. The corporation shall respond to the allegation that the officer has forcibly disconnected the electricity and removed the motor. Learned counsel for the corporation seeks a weeks time to file a reply.

5.

List the appeal on 3rd September 2025. To be listed under the caption for 'fresh admission'.

6.

Till further orders are passed by this court, no coercive action shall be taken against the appellant to dispossess the appellant or shift the appellant's structure.

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