T. Muthu Lakshmi Wd/O Tirumali Pandaram Thr. Ca v. Maharasi v Venkatachalam v the Municipal Corporation of Greater Bombay and Ors.
Case brief
What is this about?
Bombay High Court; Writ Petition No. 14646 of 2025; T Muthu Lakshmi Wd/o Tirumali Pandaram v. The Municipal Corporation of Greater Mumbai & Ors; Coram: N. J. Jamadar, J.; decided 23 December 2025. Challenge to City Civil Court order dated 28 January 2025 condoning delay in filing written statement and treating the Corporation's affidavit in reply to notice of motion (filed 17 September 2016) as written statement, relying on M/s. B. Jayantilal v. MCGM (FA No.632 of 2011 dt. 4 May 2011). Issue: framing/recasting of issues after written statement taken on record; suit was proceeding on issues framed earlier without written statement. Held: issues arising on the pleadings, including the written statement, must be framed. Disposed of with request to City Civil Court to consider framing additional issues and/or recasting issues and proceed with the suit. Advocates: Rajesh Sahani with Reshma Nair, i/b Devmani Shukla (Petitioner); Santosh Parad (Respondent Nos. 1 and 2 - MCGM).