Sharpunissa Moinuddin Khan vs Municipal Corporation Of Greater ...
2023 Latest Caselaw 3385 Bom

2023:BHC-AS:10295

                                                                        905-ia-3404-2023.doc
    Sonali


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO.3404 OF 2023
                                                    IN
                                      FIRST APPEAL NO.283 OF 2023
                                                    IN
                                        L.C. SUIT NO.4072 OF 2003

               Sharpunissa Moinuddin Khan & Anr.                             ...Applicants
                  Versus
               Municipal Corporation of Greater Mumbai & Anr.                ...Respondents


               Mr. Altaf Khan a/w. Mr. Shamsher Ahmed Shaikh, for the
               Applicants.

               Mr. Santosh Parad, for Respondent No.1-MCGM.




                                                CORAM : MADHAV J. JAMDAR, J.

DATED : 5th APRIL 2023

P.C. :

1. Learned Single Judge by order dated 23rd February 2023

disposed of the First Appeal as withdrawn with liberty to the

Appellants to adopt appropriate proceedings as are available in

law and directed continuation of interim relief for a period of

six weeks, which expires today.

2. In the Interim Application, the prayer is to direct the

905-ia-3404-2023.doc Sonali

Registry to return the original documents and to continue

interim relief for reasonable period.

3. As the First Appeal is arising out of the Judgment and

Decree dated 7th February 2013 passed by the learned Judge,

City Civil Court, Mumbai in L.C. Suit No.4072 of 2003, the

record of L.C. Suit No.4072 of 2003 be transmitted to the

Bombay City Civil Court at Bombay within a period of two

weeks from today.

4. The Appellants are at liberty to apply to the learned

Judge, City Civil Court, Mumbai for return of the documents

and the same be done in accordance with applicable rules and

regulations, expeditiously.

5. The interim relief protecting the structure of the

Appellant as continued by order dated 23rd February 2023

shall remain in operation till 30th June 2023.

6. The Interim Application is disposed of in above terms

with no order as to costs.

[MADHAV J. JAMDAR, J.]