Mr. Subhash Shopan Sherekar vs The Municipal Corporation Of Greater ...
2026 Latest Caselaw 5149 Bom

Bombay High Court

Mr. Subhash Shopan Sherekar vs The Municipal Corporation Of Greater ... on 15 May, 2026

                                        1                  7-AOST-14745-2026.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                    APPEAL FROM ORDER (ST) NO. 14745 OF 2026

Mr. Subhash Shopan Sherekar                                    ...Appellant
      Versus
The Municipal Corporation of Greater Mumbai
Thr. The Assistant Municipal Commissioner                      ...Respondent

                                      WITH
                    INTERIM APPLICATION (ST) NO. 14746 OF 2026

                               -----------------
Mr. Anand Mishra a/w Akash Singh i/by Akash Singh for the Appellant.
Ms. Neeta Jadhav i/by Komal Punjabi for BMC.
Mr. Dinanath Palvi, JE, B&F Dept, S Ward is present.
                               -----------------

                                            CORAM :   ADVAIT M. SETHNA, J.

DATED : 15 MAY, 2026 (VACATION COURT)

P.C.:-

1. Heard learned counsel for the parties.

2. The Appellant has preferred an Appeal against the impugned

judgment and order of the City Civil Court at Bombay dated 24 April 2026,

passed in Notice of Motion No.2026 of 2026 in L.C. Suit No.783 of 2026.

He has drawn attention of this Court to the order dated 8 May 2026.

Liberty was granted to the Plaintiff i.e. the Appellant before this Court to

challenge the impugned order before the High Court for which 7 days time

was allowed. Until then, the Respondent (Defendant) was directed not to

take any coercive steps in respect of the suit premises. It is pointed out that

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the Appeal is now been filed against the said impugned order on 12 May

2026 and that such Appeal is filed within time.

3. Considering the above, the Respondent (Defendant) shall not take

any coercive steps in respect of the suit premises until the next date.

4. The Respondent shall file Affidavits-in-Reply to Interim Application

on or before the next date with an advance copy to the learned counsel for

the Applicant.

5. List the Interim Application along with Appeal for further

consideration on 19 June 2026.

6. All concerned to act on an authenticated copy of this order.

[ADVAIT M. SETHNA, J.]