The High Court, Bombay, allowed the withdrawal of the appeal and disposed of the appeal with conditions regarding vehicle return and suit expediting.
Appeal withdrawn; appellant permitted to receive vehicles upon payment of charges; lower court to expedite suit within one year; CA disposed.
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.
33-aost-22666-2019.doc
Tandle
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST) NO. 22666 OF 2019
WITH
CIVIL APPLICATION (ST) NO. 23955 OF 2019
Savitridevi Surendra Singh... Appellant/
Applicant.
Versus
Municipal Corporation of Greater Bombay
and Anr.... Respondents.
Mr. V. V. Joglekar a/w R. R. Thumbre for the Appellant.
Smt. Madhuri More for Respondents-MCGM.
CORAM : A. S. GADKARI, J.
DATE : 18th DECEMBER, 2019
P. C.:
1. Learned counsel appearing for the appellant, on instructions,
does not press the present appeal and seeks leave to withdraw the same.
2.In view of the deliberations took place on earlier occasion,
the learned counsel appearing for the Corporation has tendred across the
bar a Report dated 17th December 2019, signed by the Assistant Engineer
(Maint-I), K/East (Mumbai) stating that on 22nd November 2018 the
Corporation has removed four vehicles bearing Nos. MH01-CH-3828, MH-
02-DN-3757, MH04-GV-1901 & MH01-BF-6053 and Porta Cabin
admeasuring 10 X 20 feet from the suit plot. It is stated that, the said cars
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33-aost-22666-2019.doc
and cabin will be returned to the plaintiff after recovery of necessary
charges as per policy of MCGM.
3.In view thereof, the appellant is permitted to receive the cars
and cabin by paying the necessary legal charges in that behalf to the
Corporation.
4.The learned Judge, City Civil Court, Dindoshi, Mumbai seized
of L. C. Suit No. 4321 of 2004, is hereby requested to expedite the hearing
of the said suit and disposed it off preferably within a period of one year
from today.
5.It is to be noted here that, withdrawal of the Appeal by the
appellant shall not be an influencing factor while deciding the suit on its
own merits.
6. Appeal is disposed off in the aforesaid terms.
7. In view of the disposal of the Appeal, Civil Application (St.)
No. 23955 of 2019 does not survive and is accordingly disposed off.
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Savitridevi Surendra Singh
Municipal Corporation of Greater Bombay
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court