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2026 DAILYLAW 12701 (BOM)

HARESH HEMRAJ GORI v. THE MUNICIPAL CORPORATION OF GREATER MUMBAI

AO/299/2021 · 2026-09-29

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Judgment text

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1 of 2 4.AO.299.2021.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.299 OF 2021 WITH INTERIM APPLICATION NO2624 OF 2021 Haresh Hemraj Gori Appellant versus The Municipal Corpn of Greater Mumbai Respondent _______ Mr.Pradeep J.Thorat for Appellant. Ms.Neeta Jadhav i/by Ms.Komal Punjabi for Respondent-MCGM _______ CORAM : AARTI SATHE, J. DATE : 29th September 2026 P.C. 1. This Appeal from Order has been filed under Order XLIII, Rule 1 of Code of Civil Procedure, 1908, taking exception to the order dated 22nd September 2021 passed by learned Judge, City Civil Court, Mumbai (`Trial Court’) in draft Notice of Motion in L.C.Suit No.7471 of 2021 thereby refusing to grant ad- interim relief in favour of the Appellant 2. Learned counsel for the Appellant submits that the Notice of Motion is pending hearing and the same has been posted for hearing on 14th October 2026. He has also submitted that till date the Municipal Corporation of Greater Mumbai (`MCGM’) has not filed reply to the aforesaid Notice of Motion. 3. Considering that the Notice of Motion is pending for long time and no adjudication has taken place, this Court without delving into the merits of the case, deems it appropriate to dispose of the Appeal from Order with a direction to the M.S.Thatte MANISH SURESHRAO THATTE Digitally signed by MANISH SURESHRAO THATTE Date: 2026.09.29 15:10:47 +0530 2 of 2 4.AO.299.2021.DOC Trial Court to dispose of the Notice of Motion as expeditiously as possible and on the date fixed for the hearing of Notice of Motion i.e. 14th October 2026. Parties are directed not to seek adjournment on 14th October 2026. All contentions of the parties are expressly kept open. 4. The MCGM will be free to file reply to the Notice of Motion, if any, on or before 14th October 2026. 5. The protection granted to the Appellant by order dated 1st October 2021 by this Court, to continue to operate till the hearing of Notice of Motion on 14th October 2026. 6. Needless to clarify that this Court has not expressed its views or rendered any finding in respect of the dispute covered in this Appeal from Order. 7. Appeal from Order stands disposed of in the aforesaid terms. No costs. Interim Application does not survive and stands disposed of. (AARTI SATHE, J.) M.S.Thatte