Shri Ramkesh Sitaram Gupta v. the Municipal Corporation of Greater Bombay and Others
Case brief
What is this about?
Appeal From Order No. 227 of 2024 with Interim Application No. 6726 of 2024; High Court of Judicature at Bombay; Gauri Godse, J.; decided 18 February 2025; Ramkesh Sitaram Gupta v. Municipal Corporation of Greater Mumbai and ors.; appeal admitted (arguable points); ad-interim relief in terms of prayer clauses (c) and (d); rule returnable 29 April 2025; water connection not disconnected due to earlier ad-interim protection; restraint on demolition except after due process of law; Corporation free to initiate proceedings after due process; no stay of suit; trial Court to proceed with suit; respondents' advocate waived notice; additional affidavit of appellant taken on record.
What did the court decide?
Appeal admitted as raising arguable points; ad-interim relief granted in terms of prayer clauses (c) and (d) of Interim Application No. 6726 of 2024, rule returnable on 29th April 2025; clarified that admission and ad-interim relief do not stay the suit (trial Court to proceed), and that relief under prayer clause (d) restrains the Corporation from demolition except following due process of law, with liberty to initiate proceedings after due process.