The single judge expedited L.C. Suit No. 2046/2016 concerning a structure alleged to obstruct D.P. Road, directing the trial court to decide by April 2019 while clarifying that interim observations would not bind the final merits decision.
Trial court directed to decide the suit by April 2019; parties to cooperate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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1-AO-34-1 8
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICATION
APPEAL FROM ORDER NO.34 OF 2018 WITH CIVIL APPLICATION NO.42 OF 2018
The Municipal Corporation of Gr. Mumbai
-vs-
Madhuben Madhurbhai Thakkar
----------------------------------------------------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.
Shri N. V. Walawalkar, Senior Advocate with Smt Madhuri More, Advocate of MMC. Shri Bipin J. Joshi, Advocate for respondent.
CORAM : A.S.CHANDURKAR, J. DATE : December 03, 2018
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1-AO-34-1 8
26/09/2016. That order was not stayed by this Court in the present proceedings. In the meanwhile the evidence in the suit has commenced and the plaintiff has to be now crossexamined.
(A.S.CHANDURKAR, J.)
Asmita
2 issues framed by the court
Whether the proceedings in the underlying land suit should be expedited to avoid prolonged interim orders affecting structural obstruction.
Whether the trial court should decide the suit on merits without being influenced by observations made in the interim order.
The Municipal Corporation of Gr. Mumbai
Madhuben Madhurbhai Thakkar
A.S. Chandurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
