Umed Mulji Patel And Anr vs The Municipal Corporation Of ...
2021 Latest Caselaw 17453 Bom

                                                         18-IA3969-21INFAST24011-21.DOC

                                                                                   Santosh
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION


                                  INTERIM APPLICATION NO. 3969 OF 2021
                                                    IN
                                    FIRST APPEAL (ST) NO. 24011 OF 2021

                      Umed Mulji Patel & anr.                              ...Applicants/
                                                                               Appellants
                                          Versus
                      The Municipal Corporation of Greater
                      Mumbai & ors.                                    ...Respondents

SANTOSH
                      Mr. Bhavin Gada, a/w Aayush Shah and Chirag Desai, i/b
SUBHASH                    M/s. Solicis Lex, for the Applicants/Appellants.
KULKARNI              Ms. Shilpa Redkar, for Respondent no.1/MCGM.
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2021.12.15
19:03:56 +0530                                   CORAM:     N. J. JAMADAR, J.

                                                 DATED :    15th DECEMBER, 2021
                      PC:-

1. Heard the learned Counsels for the parties.

2. Issue notice to the respondents.

3. Ms. Redkar, the learned Counsel, waives notice for

respondent no.1/MCGM.

4. In addition to the notice through Court, the applicant is at

liberty to serve respondent no.2 by private service and file

affidavit of service.

5. The learned Counsel for the applicant submits that the

stay granted by the trial Court to the execution and operation of

the judgment and decree on 22nd October, 2021, and continued

18-IA3969-21INFAST24011-21.DOC

by order dated 18th November, 2021, has been further continued

by order dated 1st December, 2021. However the applicant could

not get a certified copy of the order on the application or

roznama.

6. It is evident that the trial court had stayed the effect and

operation of the impugned judgment and decree, on the day the

suit came to be dismissed.

7. In the circumstances, let the respondents file affidavit-in-

reply on or before 10th January, 2022.

8. Interim application be listed for hearing on 12 th January,

2022.

9. In the meanwhile, the stay granted by the trial Court to

the effect, execution and operation of the impugned judgment

and decree shall continue to operate till 12th January, 2022.

[N. J. JAMADAR, J.]