Deepak Namdev Salunke vs The Municipal Corporation Of ...
2023 Latest Caselaw 2496 Bom

                                                                      20-a-ia-1952-2023.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 1952 OF 2023
                                                      IN
                                     FIRST APPEAL (STAMP) NO. 5647 OF 2023


                      Deepak Namdev Salunke               ...     Applicant/Appellant
                           Versus
                      The Municipal Corporation of
                      Greater Mumbai and Ors.             ...     Respondents

                                                       .....
                      Mr. R.P. Singh, for the Applicant/Appellant.
                      Mr. Santosh Parad, for the Respondent No.1- MCGM.
                      Mr. Surel Shah i/b Mr.Ashish U. Mishra, for the Respondent Nos. 2
                      and 3.
                                                       .....

                                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 15th MARCH, 2023.

P.C.

1. The appellant's suit for declaration of impugned notice under

Section 351 of the Mumbai Municipal Corporation Act, 1988 came

to be dismissed by the trial Court vide impugned judgment and

order dated 20th January, 2023 against which the appellant has

preferred this First Appeal and Interim Application.

2. Heard learned Counsel for the applicant/appellant and

learned Counsel for the respondent-Corporation.

REKHA PRAKASH PATIL Digitally signed by REKHA PRAKASH PATIL Date: 2023.03.16 Rekha Patil 1 of 2 17:53:34 +0530 20-a-ia-1952-2023.doc

3. There was an interim protection granted by the trial Court in

respect of the suit premises at the time of disposing of the suit. The

said protection will continue to operate for a period of four weeks.

4. During the said period, the appellant shall remove the office

objections, failing which, the Appeal shall stand dismissed without

further reference to the Court.

5. Stand over to 12th April, 2023.

                                  [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                 2 of 2