Allowed

Mohammed Yahya Yusuf Sayani @ M. Y. Sayani, Thr. C.A. Mohd. Mudassir Bootwala v. Municipal Corporation of Greater Mumbai

Bombay HC16 Feb 2018AO/136/2018

Case brief

AI extract

What is this about?

Appeal against trial court order refusing ad-interim relief in a notice of motion under Section 351 Mumbai Municipal Corporation Act regarding unauthorized construction of cabins. Court set aside the refusal and granted ad-interim relief.

What did the court decide?

Impugned order setting aside; ad-interim relief granted in terms of prayer clause (a) of Notice of Motion.

Mohammed Yahya Yusuf Sayani @ M. Y. Sayani, Thr. C.A… — Consumer Protection | Bombay HC (2018)

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P515-AOST-4974-18.doc

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Trupti

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER ST. No. 4974 OF 2018 WITH CIVIL APPLICATION ST. No. 4987 OF 2018 IN APPEAL FROM ORDER ST. No. 4974 OF 2018

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Mohammed Yahya Yusuf Sayani @ M.Y. Sayani

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...Appellant

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Versus

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Municipal Corporation of Greater Mumbai & Anr. ...Respondents

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Mr.Ranjit Thorat, Senior Advocate i/b. Mr.S.S. Redekar for the Appellant. Mrs. M.R. Bhoir for the Respondents/ Municipal Corporation.

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CORAM: MRS.MRIDULA BHATKAR, J. DATE : FEBRUARY 16, 2018

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P.C.:

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Upon urgent mentioning, taken on Production Board.

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This Appeal is directed against the order dated 14^th February,

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2018 passed by the learned Judge, City Civil Court, Mumbai in Draft Notice of Motion in L.C.Suit St. No. 2413 of 2018 thereby refusing to

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grant ad-interim relief.

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P515-AOST-4974-18.doc

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Trupti

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The Municipal Corporation has issued notice dated 25^th January, 2018 under Section 351 of the Mumbai Municipal Corporation Act for unauthorized construction of three cabins. In the suit structure, the glass partitions has made by the appellant/ plaintiff for the purpose of better enjoyment of his institute. In the impugned order, the learned Judge of the trial Court has recorded that the doors and some portion of the partition has taken away.

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Perused the impugned order. The partitions are three cabins inside the suit room of the plaintiff. Considering the nature of the structure shown in the schedule of the impugned notice, I set aside the order dated 14^th February, 2018 passed by the learned Judge of the trial Court. I am informed that the Notice of Motion is fixed on 9^th March, 2018 for filing reply. The ad-interim relief is granted in terms of prayer clause (a) of the Notice of Motion. Parties to cooperate the trial Court.

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With this, Appeal from Order is disposed of. Civil Application is also accordingly disposed of.

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(MRIDULA BHATKAR, J.)

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Mohammed Yahya Yusuf Sayani @ M. Y. Sayani, Thr. C.A. Mohd. Mudassir Bootwala v. Municipal Corporation of Greater Mumbai

Case brief

What is this about?

What did the court decide?

Mohammed Yahya Yusuf Sayani @ M. Y. Sayani, Thr. C.A. Mohd. Mudassir Bootwala v. Municipal Corporation of Greater Mumbai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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