95 ao 128-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 128 OF 2025 WITH INTERIM APPLICATION NO. 2626 OF 2019 Mr. Madhukar Vyankatrao Kharatmol ... Appellant. Versus The Municipal Corporation of Greater Mumbai ... Respondents. ————— Mr. Satyavan N. Vaishnav a/w. Nupur J. Mukherjee, Mr. Armaan Grewal, Mr. Rahul Raut, Jasmine Sabharwal, F. Rajput i/by M/s. N.n. Vishnawa and Co. for the Appellant. Mr. J.K. Shah a/w. Namrata Thakar a/w. Samiksha Ludhe i/by RJ Law for Respondent No.2. ————— Coram : Sharmila U. Deshmukh, J. Date : August 06, 2026 P.C. : 1. The Appeal from Order arises out of the order of the Trial Court of the year 2019 rejecting the Plainti9’s application for injunctive relief against the Defendant-Corporation for enforcing notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1988. Vide order dated 25th February, 2020, ad- interim relief was granted by this Court which has been continued from time to time. Even after six years, there is no sa_mandawgad 1 of 2 2026:BHC-AS:32695 95 ao 128-25.doc reply =led by the Corporation to the Interim Application. The appeal has already been admitted. 2. This Court is informed that the proceedings are at the stage of leading evidence before the Trial Court. As the structure has been protected since the last six years by an order of this Court, it would be appropriate if the Appeal from Order is disposed of by extending the protection granted by this Court till the hearing and =nal disposal of the suit. 3. It is expected that the parties will cooperate in the disposal of the suit particularly considering that the appeal is disposed of only for the reason that the trial has commenced before the Trial Court and protection has been operating in favour of the Plainti9 since the year 2020. With these observations, Appeal from Order stands disposed of. 4. Interim Application does not survive for consideration and stands disposed of. [Sharmila U. Deshmukh, J.] sa_mandawgad 2 of 2 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 07/08/2026 18:49:10