1/2 21AO-573-18.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.573 OF 2018 Jawahar Pesumal Bhatia ...Appellant Vs. Municipal Corporation of Greater Mumbai ...Respondent WITH CIVIL APPLICATION NO.760 OF 2018 ----- Mr. Pradeep Thorat a/w Mr. Rushikesh Kekane for Appellant. Ms Dhruti Kapadia a/w Mr. Sachin Vajale for BMC-Respondent. ----- CORAM : ARIF S. DOCTOR, J. DATE : 4 th MARCH 2026 P.C. 1 The captioned Appeal from Order challenges an order dated 30 th July 2018, by which the Appellant’s Notice of Motion seeking a stay of the implementation of the notice dated 24 th June 2015 was rejected. It is common ground before me today that, despite the rejection of the motion, the said notice has not been implemented till date, since the Court had stayed the impugned order. The suit is of the year 2007, and Mr. Thorat has placed before me an order dated 25 th February 2026, which lists the suit for final hearing on 25 th March 2026. He clarified that the matter is listed for the final hearing of the suit. 2 Mr. Vajale does not dispute that the suit is for final hearing but submit that the present Appeal from Order deserves to be dismissed and the interim protection vacated. However, considering that this position has prevailed for the Meera Jadhav MEERA MAHESH JADHAV Digitally signed by MEERA MAHESH JADHAV Date: 2026.03.06 19:05:04 +0530 2/2 21AO-573-18.DOC last ten years, and that the suit has now reached the stage of final hearing, in my view it would be in the substantive interest of justice for the suit to be heard and decided, while the interim protection continues. 3 In these circumstances, the Appeal from Order can be conveniently disposed of by directing that the suit proceed for hearing. Given that interim relief has been operating for nearly ten years in the Appeal from Order, it would be appropriate for the same to continue until the disposal of the suit. Accordingly, the Appeal from Order is disposed of with the direction that the suit shall proceed, and pending such disposal, the notice shall not be acted upon. 4 In view of the disposal of the Appeal from Order, the Civil Application does not survive and is accordingly disposed of. [ARIF S. DOCTOR, J.] Meera Jadhav