Ganesh Ashok Gadre And ANR. v. Municipal Corporation Of Greater Mumbai

P9A.AOST.32711.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO.32711 OF 2025 Ganesh Ashok Gadre and Anr.

.. Appellants

Versus

Municipal Corporation of Greater Mumbai and Anr.

Respondents ....................

 Mr. Sagar Batavia, Advocate i/by Mr. Samir Sarambalkar for Appellants.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 14, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 14.10.2025. Perused the praecipe.

2.

Heard Mr. Batavia, learned Advocate for Appellants. 3.

On 13.10.2025, 12 hours notice has been given for vacating the subject suit Gala suit has been filed by Plaintiff in the Trial Court. Draft Notice of Motion has been taken out however by order dated 27.09.2025, the learned Trial Court has not passed any ad-interim order on the premise that the other side will have to be heard. That is only reason given in order dated 27.09.2025.

4.

Pursuant to said order, the 12 hours notice has been received which is dated 13.10.2025. Considering that the Notice of Motion is pending, I direct the learned Trial Court to number the Notice of Corrected / Modified order as per Suo Motu Speaking to the Minutes of order dated 04.12.2025. 1 of 2

P9A.AOST.32711.2025.doc Motion forthwith and decide the same as expeditiously as possible and in any event within a period of four weeks from today after issuing notice and hearing the other side.

5.

Needless to state that for a period of four weeks the said notice shall not be acted upon until the decision in Notice of Motion filed by Plaintiff. In view of the above order, no purpose will be served keeping pending Appeal from Order and is disposed. 6.

Pending Interim Application, if any, is accordingly disposed. 7.

Parties to act on server copy of this order.

8.

Praecipe is also disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.12.04 18:26:51 +0530 HARSHADA HANUMANT SAWANT Corrected / Modified order as per Suo Motu Speaking to the Minutes of order dated 04.12.2025. 2 of 2