Shri Sharad Krishna Rane And Anr. vs Municipal Corporation Of Gr.Mumbai
2026 Latest Caselaw 4913 Bom

Bombay High Court

Shri Sharad Krishna Rane And Anr. vs Municipal Corporation Of Gr.Mumbai on 12 May, 2026

                                                                4-FAST-13866-2026.DOCX


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                FIRST APPEAL (ST) NO. 13866 OF 2026

Shri Sharad Krishna Rane & Anr.                                            ...Appellants
      Versus
Municipal Corporation of Gr. Mumbai                                       ...Respondent

                               WITH
             INTERIM APPLICATION (ST) NO. 13867 OF 2026

                           --------------------------------------------
Mr. H. S. Anand for the Appellants.
Mr. Pradeep Patil for the Respondent-BMC.
                           --------------------------------------------


                                    CORAM : ADVAIT M. SETHNA, J.

DATED : 12 MAY 2026 P.C.:- (VACATION COURT)

1. This First Appeal has been filed by the Appellants (Original

Plaintiffs) challenging the judgment and order dated 13 April 2026

passed by the learned Judge, City Civil Court, Borivali Division,

Dindoshi, Mumbai. By the said judgment and order the Trial Court

held that the Plaintiffs i.e. the Appellants before this Court failed to

prove that the suit structure i.e. second floor is authorised and legal.

They failed to prove that the said notice and speaking order is illegal.

In view thereof, the Plaintiffs i.e. the Appellants before this Court are

4-FAST-13866-2026.DOCX

not entitled either for the decree of declaration or injunction. The

Suit was therefore liable to be dismissed. Accordingly, LC Suit

No.2108 of 2008 was dismissed by the said judgment and order

dated 13 April 2026.

2. Issue Notice, returnable on 8 June 2026. Mr. Patil, learned

counsel for the BMC waives service.

3. The learned Trial Court by an application at Exhibit-49 dated

13 April 2026 after hearing the parties was of the view that it would

be proper to direct the Defendants i.e. Respondents before this Court

to maintain status quo in respect of the suit structure more

particularly second floor until the period of the Appeal.

4. Accordingly, the Defendants i.e. Respondents before this Court

was directed to maintain status quo in respect of the suit property

until the appeal period expires.

5. Learned counsel for the Appellants states that the said First

Appeal has been filed within the prescribed statutory period. This

factual position is not fairly disputed by the learned counsel for the

Respondent.

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6. However, according to the learned counsel for the Respondent,

the period for maintaining such status quo as directed by the Trial

Court vide judgment and order dated 13 April 2026 expires on 13

May 2026. It is in such urgency that the Appellants have moved

Vacation Court.

7. Having heard learned counsel for the parties this Court is of the

prima facie view that though the Trial Court by its judgment and

order dismissed the Suit of the Appellants i.e. the Original Plaintiffs

at the same time on the very day the Court had directed the

Defendant i.e. the Respondent before this Court to maintain status

quo in respect of the suit property. Such order was passed in Exhibit-

49 before the Trial Court. This continues until tomorrow.

8. Considering the above in my prima facie view without

expressing any opinion on merits it would be just and proper to

direct that such status quo be extended until the next date. Needless

to mention that by such order, the Appellants would not claim any

equities.

9. Parties shall maintain status quo until the next date i.e. 10 June

2026. Liberty to the parties, more particularly to the learned counsel

Shubham

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for the Respondent to move proceedings immediately on reopening

for appropriate orders/directions.

10. At this stage, liberty is granted to the Respondent to file

Affidavit-in-Reply on or before 1 June 2026, copy to be served in

advance to the Appellants.

(ADVAIT M. SETHNA, J)

Shubham