Bombay High Court

AACHAL SINGH KUMPAVATversusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANOTHER

Decided: 10 July 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The court held that the interim protection granted to the suit structure should be continued until the final hearing and disposal of the suit, without addressing the merits of the case.

Summary

The appellant, Aachal Singh Kumpavat, appealed an order dated 16 March 2024 that sought interim relief against a notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 concerning a 18 × 18 ft structure at Plot No.118, Chembur. The trial of the suit had commenced and the trial court had recorded the plaintiff’s evidence. The High Court had earlier, on 27 November 2025, granted interim protection to the structure. The appellate court, noting that the trial was underway, ordered that the interim protection continue until the final hearing and disposal of the suit, without addressing the merits of the case. It clarified that the trial court must decide the suit on its own merits, uninfluenced by the interim order, and that the interim applications were disposed of.

Issues considered

Whether the interim protection granted on 27 November 2025 should be continued pending the final disposal of the suit.
Whether the appellate court should entertain the merits of the suit in the appeal from the interim order.

Legislation cited

Mumbai Municipal Corporation Act, 1888 — s. 351

Subjects

interim relief
municipal corporation
Section 351
stay order
appellate jurisdiction
civil procedure

Judgment

                                                           23 AO 292-24.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                  APPEAL FROM ORDER NO. 292 OF 2024

 Aachal Singh Kumpavat                                 ... Appellant.
         Versus
 Municipal Corporation of Greater Mumbai and           ... Respondents.
 Anr.

                              —————
Mr. R.P. Ojha a/w. Akash Singh i/by Asit Singh for the Appellant.
Mr. Sachin Vajale i/by Ms.Komal Punjabi for Respondent-BMC.
                              —————

                                  Coram : Sharmila U. Deshmukh, J.
                                  Date : July 10, 2026
P.C. :

1.       Mentioned out of turn.

2.       The Appeal from Order has been preferred against the order

of 16th March, 2024 seeking interim relief in suit 3led challenging

the notice issued under Section 351 of the Mumbai Municipal

Corporation Act, 1888 and the speaking order. The construction in

question is 18 X 18 square feet structure constructed by using B.M.

Wall and A.C. Sheet roof situated at Plot No.118, Back side of Tulsi

Building, Port Trust Road, Mahul Gaon, Chembur, Mumbai – 400

074.

3.       This Court is informed that the trial has commenced and


sa_mandawgad                      1 of 2
                                                                                     23 AO 292-24.doc


                            Plainti=’s evidence is being recorded. By order of 27 th November,

                            2025, this Court had granted interim protection to the suit

                            structure. Considering that the trial has commenced and suit

                            structure was protected by order of this Court since 27th November

                            2025, it would be appropriate if the interim protection is continued

                            pending hearing and 3nal disposal of the suit.

                            4.       In light of the above, the Appeal from Order is disposed of by

                            continuing the protection granted to the suit structure by order of

                            27th November, 2025 till hearing and 3nal disposal of the suit.

                            5.       It is clari3ed that this Court has not gone into the merits of

                            the matter and as such, the Trial Court to decide the suit on its own

                            merits and unin@uenced by the interim protection granted by this

                            Court vide order dated 27th November, 2025.

                            6.       Interim Applications do not survive for consideration and

                            same stand disposed of.

                                                                       [Sharmila U. Deshmukh, J.]




                             sa_mandawgad                    2 of 2
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 10/07/2026 20:38:55

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