25-FA-92-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 92 OF 2021 WITH INTERIM APPLICATION NO. 1081 OF 2022 Chief Engineer Development Planning Brihanmumbai Municipal Corporation … Appellant Versus Surya Kirti Enterprises Through Shri. Mahesh Kantilal Mehta and another … Respondents ****** None for Appellant. Adv. K. Hakani, Mr. Rahul Hakani, Ms. Niyati Mankad, for Respondent No.1. ****** CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : 08th SEPTEMBER 2026. PC: 1. This is an application moved on behalf of the Respondent seeking early hearing of the appeal on a fixed date. It is submitted that the issue raised in this appeal, according to the Respondent, is covered by the judgment and order dated 14/03/2024 passed by a Division Bench of this Court in Writ Petition No. 1928 of 2018 [Municipal Corporation of Greater Mumbai vs. M/s B.J. Development Corporation Pvt. Ltd and Ors]. 2. Today, there is no appearance on behalf of the appellant Corporation. 3. We are of the opinion that the appeal can be fixed for hearing so that Bhalerao 1 SWEETY RAJU BHALERAO Digitally signed by SWEETY RAJU BHALERAO Date: 2026.09.08 18:14:05 +0530 25-FA-92-2021.doc the aforesaid issue and any other issue that may arise for consideration can be considered and the appeal can be disposed of on merits. 4. In view of the above, the application is disposed of by directing that First Appeal No. 92 of 2021 shall be listed for hearing on 2nd November 2026, at 3:00 pm. 5. The learned counsel for the parties shall keep brief written submissions ready for consideration of this Court on the said date. It is brought to our notice that the record and proceedings and paper book are available for final hearing. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Bhalerao 2