Bombay High Court
MR. NARESH ISHWAR TRIMUKHEversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The Court disposed of the appeal and extended the interim protection until the final disposal of the suit.
Summary
The appellant, Mr. Naresh Ishwar Trimukhe, appealed against an order of the Trial Court that rejected his application for injunctive relief against the Municipal Corporation of Greater Mumbai for enforcing a notice under Section 351 of the Mumbai Municipal Corporation Act, 1988. The High Court had earlier granted interim relief in February 2020, which was repeatedly extended, but the corporation failed to file a reply to the interim application. The appeal was admitted while the trial was at the evidence stage, and the Court considered whether the existing protection should continue until the suit’s final disposal. Observing that the structure remained protected for six years and that the trial was underway, the Court decided to extend the protection until the final hearing. Consequently, the appeal from the order was disposed of, and the interim application was also dismissed.
Issues considered
- Whether the interim injunction granted under Section 351 of the Mumbai Municipal Corporation Act, 1988 should be extended pending the final disposal of the suit.
- Whether the appeal from the order rejecting the plaintiff's injunctive relief can be disposed of without further hearing.
Legislation cited
Subjects
- injunction
- municipal corporation
- Section 351
- interim relief
- appeal from order
- civil procedure
Judgment
2026:BHC-AS:32694
95 ao 129-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 129 OF 2025
WITH
INTERIM APPLICATION NO. 2624 OF 2019
Mr. Naresh Ishwar Trimukhe ... Appellant.
Versus
The Municipal Corporation of Greater Mumbai ... Respondents.
—————
Mr. Satyavan N. Vaishnav a/w. Nupur J. Mukherjee, Mr. Armaan
Grewal, Mr. Rahul Raut, Jasmine Sabharwal, F. Rajput i/by M/s. N.n.
Vishnawa and Co. for the Appellant.
Mr. J.K. Shah a/w. Namrata Thakar a/w. Samiksha Ludhe i/by RJ Law
for Respondent No.2.
—————
Coram : Sharmila U. Deshmukh, J.
Date : August 06, 2026
P.C. :
1. The Appeal from Order arises out of the order of the Trial
Court of the year 2019 rejecting the Plainti8’s application for
injunctive relief against the Defendant-Corporation for enforcing
notice issued under Section 351 of the Mumbai Municipal
Corporation Act, 1988. Vide order dated 25 th February, 2020, ad-
interim relief was granted by this Court which has been
continued from time to time. Even after six years, there is no
sa_mandawgad 1 of 2
95 ao 129-25.doc
reply =led by the Corporation to the Interim Application. The
appeal has already been admitted.
2. This Court is informed that the proceedings are at the
stage of leading evidence before the Trial Court. As the structure
has been protected since the last six years by an order of this
Court, it would be appropriate if the Appeal from Order is
disposed of by extending the protection granted by this Court till
the hearing and =nal disposal of the suit.
3. It is expected that the parties will cooperate in the disposal
of the suit particularly considering that the appeal is disposed of
only for the reason that the trial has commenced before the Trial
Court and protection has been operating in favour of the
Plainti8 since the year 2020. With these observations, Appeal
from Order stands disposed of.
4. Interim Application does not survive for consideration and
stands disposed of.
[Sharmila U. Deshmukh, J.]
sa_mandawgad 2 of 2
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 07/08/2026 18:48:39
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