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2025 DAILYLAW 78124 (BOM)

THE MUNICIPAL CORPORATION OF GREATER MUMBAI v. MR. CHANDRAJEET RAMSURAT YADAV

IA/3943/2019 · 2025-11-13

Shri Jitendra Shantilal Jain

body2025

Judgment text

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Sayyed 21 & 22-AO(ST).31203-31265.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.31203 OF 2019 WITH INTERIM APPLICATION NO.3943 OF 2019 WITH INTERIM APPLICATION NO.3944 OF 2019 The Municipal Corporation of Greater Mumbai ...Appellant/Applicant Versus Chandrajeet Ramsurat Yadav ...Respondent WITH APPEAL FROM ORDER (ST) NO.31265 OF 2019 WITH INTERIM APPLICATION NO.3900 OF 2019 WITH INTERIM APPLICATION NO.3991 OF 2019 The Municipal Corporation of Greater Mumbai ...Appellant/Applicant Versus Chandrajeet Ramsurat Yadav ...Respondent _____________________________________________________ Mr. Sachin B. Vajale for the Appellant/Applicant-MCGM in both appeals. Mr. Priyank Shukla for the Respondent in both appeals. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 13 NOVEMBER 2025 P.C.: 1. These appeals challenge order dated 6 August 2019, whereby the plaintiffs’ application seeking restraining order against the defendant-Corporation was allowed and the defendants were restrained from demolishing the suit property till the disposal of the suit. There is no stay on this order till today. The main suit is at the advanced stage of recording the evidence of the Corporation and the next date is 25 November 2025. 1 of 2 2025:BHC-AS:48655 Sayyed 21 & 22-AO(ST).31203-31265.2019.doc 2. I have perused the impugned order and do not find any perversity or infirmity for interfering, moreso when no stay is granted from 2017 and the main matter is at the stage of evidence. The present appeals are disposed of without interference in the impugned order. However, the parties are directed to co-operate with the Trial Court for early disposal of the main suit without seeking any unnecessary adjournment. 3. The appeals are disposed of. Consequently, interim applications do not survive and are disposed of. [ JITENDRA JAIN, J. ] 2 of 2 Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 13/11/2025 18:59:42