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Bombay High Court
Mr. Vaibhav Rajivnath Rekhi vs The Municipal Corporation Of Greater ... on 30 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
88.AOST.40751.2025+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST.) NO.40751 OF 2025
WITH
INTERIM APPLICATION (ST.) NO.40752 OF 2025
IN
APPEAL FROM ORDER (ST.) NO.40751 OF 2025
Vaibhav Rajivnath Rekhi .. Appellant
Versus
The Municipal Corporation of Greater Bombay
and Anr. Respondents
WITH
INTERIM APPLICATION (ST.) NO.7762 OF 2026
IN
APPEAL FROM ORDER (ST.) NO.40751 OF 2025
St. Anne's Church .. Applicant
IN THE MATTER BETWEEN:
Vaibhav Rajivnath Rekhi .. Appellant
Versus
The Municipal Corporation of Greater Bombay
and Anr. Respondents
....................
Mr. Sanket Mungale, Advocate for Appellant / Applicant appearing
through Video Conferencing.
Mr. Sean Wassoodew a/w. Ms. Ashna Shah, Advocate for Applicant
in Interim Application (Lodging) No.7762 of 2026.
Mr. Sachin Vajale, Advocate for Respondent - Corporation.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 30, 2026
P.C.:
1. Mentioned out of turn.
2. Heard Mr. Mungale, learned Advocate for Appellant /
Applicant appearing through Video Conferencing Mr. Wassoodew,
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88.AOST.40751.2025+.doc
learned, Advocate for Applicant in Interim Application (Lodging)
No.7762 of 2026 and Mr. Vajale, learned Advocate for Respondent -
Corporation.
3. Mr. Wassoodew draws my attention to the order dated
23.12.2025 passed in the present Appeal from Order (Stamp)
No.40751 of 2025. He would submit that he is representing and
espousing cause of Church which is Respondent - Intervenor in the
matter. He would submit that what has been noted by this Court in
the above order is prima facie incorrect and contrary to the record. He
would submit that the Municipal Corporation as also noted 7
infractions in commission of act of the Plaintiff namely - Appellant in
the present Appeal from Order.
4. He would submit that Interim Application has been filed for
vacating order dated 23.12.2025 on the ground that by virtue of the
impugned order which has been stayed by this Court, the open area
belonging to Church has been fully enclosed and encroached by
Plaintiff. Mr. Mungale, learned Advocate has been served and he
appears through Video Conferencing for private Respondent in Interim
Application who is Plaintiff. He would submit that he may be
permitted to file Reply.
5. I am informed that Chamber Summons filed by Church
seeking impleadment was rejected and the said order is also in
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88.AOST.40751.2025+.doc
challenge before this Court.
6. Be that as it may, since stand taken by Mr. Wassoodew and
Mr. Mungale are diametrically opposite, it would be appropriate if
Municipal Corporation files a Report after undertaking appropriate
inspection rather joint inspection in presence of both the parties to
ascertain the factual matrix of the case and accordingly apprise the
Court on the next adjourned date.
7. The concerned Designated Officer who has passed the
original impugned order is directed to visit the suit site on 01.04.2026
at 12:00 Noon. Both the parties shall remain present at 12:00 Noon.
They shall not argue with the Designated Officer and allow him to do
the work and individually and separately point out the suit site to the
Designated Officer and allow the Designated Officer to make an
opinion on the basis of record. The Designated Officer shall prepare an
appropriate report and append the same to the Affidavit-in-Reply
which shall be filed by Mr. Vajale within a period of one week from
today.
8. Affidavit-in-Reply to the Interim Application is also permitted
to be filed within a period of one week from today.
9. Copy of the Affidavit-in-Reply of the Corporation shall be
given to both the sides.
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88.AOST.40751.2025+.doc
10. Stand over to 06th April 2026. To be placed under the
caption 'For Directions'.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.03.30
18:40:32 +0530
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