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2025 DAILYLAW 78006 (BOM)

ABDUL HAMID ABDUL RAZAK v. THE MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR

AO/508/2018 · 2025-11-13

Shri Jitendra Shantilal Jain

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Judgment text

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HMK 1 07. AO-506-2018 & Ors.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 506 OF 2018 WITH CIVIL APPLICATION NO. 663 OF 2018 ALONG WITH APPEAL FROM ORDER NO. 507 OF 2018 WITH CIVIL APPLICATION NO. 664 OF 2018 ALONG WITH APPEAL FROM ORDER NO. 508 OF 2018 WITH CIVIL APPLICATION NO. 665 OF 2018 ALONG WITH APPEAL FROM ORDER NO. 518 OF 2018 WITH CIVIL APPLICATION NO. 692 OF 2018 Abdul Hamid Abdul Razak ….Appellant Versus The Municipal Corporation Of Greater Mumbai & Anr. .…Respondents __________________________________________________________________ None for the Appellant. Mr. Sachin Vajale i/by Ms. Komal Punjabi for the Respondent-MCGM. __________________________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 13th NOVEMBER 2025 P. C. : 1. All the above Appeals are disposed of by common order, since the facts are identical. SAYYED SAEED ALI AHMED ALI Digitally signed by SAYYED SAEED ALI AHMED ALI Date: 2025.11.13 17:16:29 +0530 HMK 2 07. AO-506-2018 & Ors.doc 2. None for the Appellant. Mr. Vajale for the Respondent-Corporation. 3. The present appeal challenges the order dated 29th June, 2018, whereby, the motion taken out by the plaintiff challenging the notice for demolition of the suit structure, was dismissed. 4. There is dispute as to whether the structure falls in C.T.S. No.264 or C.T.S. No.252. The impugned order records that the structure is partly on C.T.S. No.264 and partly on C.T.S. No.252. 5. However, there is nothing on record to suggest that how much of the structure is on which City Survey Number, therefore, the interim relief sought was refused. 6. On 13th July, 2018 this Court granted ad-interim relief in terms of prayer clause (a). The said interim relief continues till today. 7. The main matter is at the stage of recording of evidence and is listed on 13th January, 2026 before the City Civil Court, Dindoshi. 8. Since, the main matter is at the stage of recording the evidence and the interim relief granted is continued for a period of more than 7 years, I do not wish to interfere with the present order. 9. However, the interim relief granted by this Court on 13th July, 2018 is continued till the disposal of the suit. 10. Both the parties should co-operate with the Trial Court for disposal of the suit, as expeditiously as possible and without seeking unnecessary adjournment. 11. Appeal is disposed of in above terms. HMK 3 07. AO-506-2018 & Ors.doc 12. Consequently, Civil Applications, if any, do not survive and are disposed of. [ JITENDRA JAIN, J. ]