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2026 DAILYLAW 9848 (BOM)

MR. ARUNKUMAR PALIT v. THE BRIHANMUMBAI MUNICIPAL CORPORATION AND ANOTHER

IA/7464/2026 · 2026-09-22

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Judgment text

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501-AO-946-26 @ IA.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order NO. 946 OF 2026 With Interim Application No. 7464 of 2026 Mr. Arunkumar Palit ...Appellant Versus The Brihanmumbai Municipal Corporation And Another ...Respondents _______ Mr. Amogh Singh a/w. Mr.Rutuparn Umesh Deo i/b. Mr. Hardik Desai, for Appellant. Ms. Neeta Jadhav i/b. Ms. Komal Punjabi, for Respondent-BMC. _______ CORAM: AARTI SATHE, J. DATE: 22 SEPTEMBER 2026 P.C. 1. Not on board. Taken on board. 2. This Appeal from Order has been filed against the order dated 21 September 2026 passed by the City Civil Court, Borivali Division, Dindoshi, Goregaon, Mumbai (“Trial Court”), rejecting the ad-interim relief sought in terms of prayer clause (a) of the registered Notice of Motion No. 3118 of 2026 in L.C. Suit No. 1907 of 2026. 3. Considering that the aforesaid Appeal from Order has been filed against the rejection of ad-interim relief, and that the Notice of Motion is pending disposal and is presently posted for hearing on 06 January 2027, this Court is of the view Mane JYOTI RAJESH MANE Digitally signed by JYOTI RAJESH MANE Date: 2026.09.22 19:14:24 +0530 501-AO-946-26 @ IA.DOC that, without delving further into the merits of the matter, and since the Trial Court has not formed any prima facie view in respect of the relief sought, it would be in the interest of justice to dispose of the present Appeal from Order in terms of the following order: ORDER i) The Appeal from Order is allowed. ii) The Trial Court shall hear, as expeditiously as possible and, in any event, within a period of eight weeks from today, Notice of Motion No. 3118 of 2026 and dispose of the same. Iii) The parties are directed not to seek any adjournment at the hearing of the aforesaid Notice of Motion. iv) All contentions of the parties are expressly kept open. v) Both the parties shall maintain status quo until the hearing and disposal of the aforesaid Notice of Motion, which is expedited and directed to be heard and disposed of within a period of eight weeks from today. (AARTI SATHE, J.) Mane