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2023 DAILYLAW 2513 (BOM)

THE MUNICIPAL CORPORATION FOR GREATERMUMBAI v. MRS. SHAMSUNNISA SHAKEL KARVINKAR

CAA/22/2023 · 2026-03-24

Shri Farhan Parvez Dubash

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

48. AO/888/2023 MCGM vs. Mrs. Shamsunnisa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 888 OF 2023 The Municipal Corporation For Greater Mumbai .. Appellant V/s. Mrs. Shamsunnisa Shakeel Karvinker .. Respondent WITH CIVIL APPLICATION IN APPEAL FROM ORDER NO. 22 OF 2023 IN APPEAL FROM ORDER NO. 888 OF 2023 WITH CIVIL APPLICATION IN APPEAL FROM ORDER NO. 1097 OF 2019 IN APPEAL FROM ORDER NO. 888 OF 2023 ______________________________________ Mr. Sachin Vajale for Appellant – MCGM. None for Respondent. _______________________________________ CORAM : FARHAN P. DUBASH, J. DATE : 24th MARCH 2026 P.C.: 1. The present Appeal has been filed on 14th March 2018 challenging an ad-interim order dated 6th March 2017. The ad-interim order was passed by the Trial Court on a praecipe moved by the parties. The Trial Court, after noting the statement made by the officer of the Corporation who was present in Court on that date that the terrace and 4th Floor had been demolished, directed the parties to maintain status quo till the next date and ------------------------------------- Order dated 24th March 2026 JYOTI PRAKASH PAWAR Digitally signed by JYOTI PRAKASH PAWAR Date: 2026.03.26 16:18:37 +0530 48. AO/888/2023 MCGM vs. Mrs. Shamsunnisa adjourned the matter for hearing the Notice of Motion on 15th July 2017. 2. Mr. Sachin Vajale, learned Counsel who appears on behalf of the Appellant – Corporation, informs the Court that till date the said Notice of Motion bearing no. 3794 of 2016 is still pending on the file of the Trial Court and has not been decided. 3. Considering this, this Court is not inclined to interfere with the challenge to the impugned ad-interim order dated 6th March 2017 especially since the status quo order has been in force from that day till today and is of the view that it would be in the fitness of things that the Trial Court should instead hear and dispose of the said Notice of Motion as expeditiously as possible and in any event, on or before 30th April 2026. No adjournment shall be granted to either of the parties. 4. Appeal from Order is disposed of in terms of the above order with no order as to costs. 5. All pending Interim Applications taken out in the present Appeal from Order, if any, also stand disposed of in terms of this order, and all interim orders passed therein, if any, shall stand vacated. ( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil ------------------------------------- Order dated 24th March 2026