Bombay High Court

ALI WARISversusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANOTHER

Decided: 12 June 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The appeal is disposed of, with the Court directing parties to argue on 14 July 2026 and allowing the ad‑interim protection to continue until that hearing.

Summary

The appellant, Ali Waris, appealed an order refusing ad‑interim relief against the Municipal Corporation of Greater Mumbai. The High Court noted that the notice of motion itself was listed for hearing on 14 July 2026 and directed the parties to present arguments on that date. The Court ordered the trial court to decide the matter expeditiously and granted ad‑interim protection to continue until the hearing and disposal of the notice of motion. It further held that the interim application does not survive for consideration and stands disposed. Consequently, the appeal from the order was disposed of, with the directions above.

Issues considered

What is the appropriate procedural course for an appeal against a refusal of ad‑interim relief?
Does the ad‑interim protection granted by the Court continue pending the hearing of the notice of motion?

Subjects

ad‑interim relief
appeal
procedural law
civil appellate jurisdiction
municipal corporation

Judgment

2026:BHC-AS:23717

                                                                         52 AO 228-23.doc



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                  APPEAL FROM ORDER NO. 228 OF 2023
                                                WITH
                                 INTERIM APPLICATION NO. 3209 OF 2023

                    Ali Waris                                         ... Appellant.
                          Versus
                    Municipal Corporation of Greater Mumbai & Anr.    ... Respondents.

                                             —————
                Mr Pradeep Thorat i/by Ms. Aditi Naikare for the Appellant.
                Ms Neeta Jadhav i/by Ms. Komal Punjabi for Respondent-BMC.
                                             —————

                                                Coram : Sharmila U. Deshmukh, J.
                                                Date : June 12, 2026
                P.C. :

                1.       The Appeal from Order has been preferred against the

                refusal of ad-interim relief. This Court is informed that the motion is

                listed for hearing on 14th July, 2026. As the notice of motion is itself

                listed for hearing, it would be appropriate, if the motion is decided,

                so that this Court can have the bene6t of a reasoned speaking

                order.

                2.       In light of the above, the parties are directed to advance

                arguments on 14th July, 2026. The Trial Court is requested to decide

                the same expeditiously. The Appeal from Order is disposed of in

                the above terms.

                sa_mandawgad                     1 of 2
                                                                                 52 AO 228-23.doc


                            3.       The ad-interim protection which has been granted by this

                            Court to continue till the hearing and disposal of the notice of

                            motion. Interim Application does not survive for consideration and

                            same stands disposed of.

                                                                    [Sharmila U. Deshmukh, J.]




                             sa_mandawgad                  2 of 2
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 15/06/2026 13:59:35

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