PEER MOHAMMAD ROOSTAM ALI HASHMI AND OTHERS v. SLUM REHABILILATION AUTHORITY (SRA) AND OTHERS
AO/842/2026 · 2026-10-06
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15522 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15522 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
14-AO-842-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 842 OF 2026 Peer Mohammad Roostam Ali Hashmi And Others ...Appellants Versus Slum Rehabililation Authority (sra) And Others ...Respondents
_______ Mr. Sagar Batavia i/b. Mr. Samir Sarambhalkar, for Appellants. Ms. Ravleen Sabharwal i/b. R.S.Justicia Law Chambers, for Respondent No.1. Ms. Yashi Bhatt, (Through V.C.), for Respondent . Mr. Dinesh J. Haldankar, AGP for Respondent No.2-State. Ms. Smita Tondwalkar i/b. Komal Punjabi, for Respondent No.3-BMC. _______
CORAM:
AARTI SATHE, J. DATE:
06 OCTOBER 2026 P.C.
1. This Appeal from order has been filed under Order XXLIII Rule 1 read with 104 of the Civil Procedure Code (‘CPC”) against the order dated 08 August 2026 passed by the City Civil Court at Bombay, (Trial Court ) in Draft Notice of Motion in L.C.Suit St.No.10679 of 2026 by which ad interim prayers as prayed were not granted in aforesaid Notice of Motion.
2. Having heard learned counsel appearing on behalf of the parties, this Court is of the view that, since the Notice of Motion is pending adjudication before the trial Court, it would be appropriate for the trial Court to decide the aforesaid Mane JYOTI RAJESH MANE Digitally signed by JYOTI RAJESH MANE Date: 2026.10.06 18:55:49 +0530
14-AO-842-26.DOC Notice of Motion as expeditiously as possible and, preferably, within a period of six weeks from today.
3. The parties to the proceedings shall not seek any adjournment at the hearing of the aforesaid Notice of Motion.
4. Needless to observe that this Court has not delved into the merits of the case and has not expressed any prima facie view in respect of the rival contentions. The trial Court shall independently adjudicate upon the rival contentions raised by the parties in the aforesaid Notice of Motion.
5. All contentions of the parties in respect thereof are expressly kept open.
6. The Appeal from Order is, therefore, disposed of in the aforesaid terms. No
order as to costs.
7. Interim Applications, if any, also stand disposed of.
8. Status quo shall be maintained by both parties until the hearing of the aforesaid Notice of Motion.
(AARTI SATHE, J.) Mane