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Bombay High Court

HARESH HEMRAJ GORIversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
Disposed Off

Holding

The appellate court may dispose of the appeal without reaching the merits and may direct the trial court to dispose of the pending notice of motion on the scheduled date, prohibiting any adjournments.

Summary

The appellant, Haresh Hemraj Gori, appealed an order of the City Civil Court that refused interim relief in a pending notice of motion. The High Court noted that the notice of motion had been pending for a long time and the municipal corporation had not filed a reply. Without examining the merits, the Court directed the trial court to dispose of the notice of motion on the scheduled hearing date of 14 October 2026 and barred any adjournments. The municipal corporation was allowed to file a reply, if any, before that date. The Court clarified that it had not expressed any view on the substantive dispute and disposed of the appeal without costs.

Issues considered

  • Whether an appellate court can dispose of an appeal from an order without addressing the merits of the underlying dispute
  • Whether the appellate court may direct the trial court to dispose of a pending notice of motion on a fixed date and prohibit adjournments
  • Whether Order XLIII Rule 1 of the Code of Civil Procedure, 1908 permits such an appeal and direction

Legislation cited

Subjects

  • interim relief
  • appeal from order
  • Code of Civil Procedure
  • adjournment
  • notice of motion
  • procedural law
  • municipal corporation

Judgment

                                                                               1 of 2                  4.AO.299.2021.DOC



                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                   APPEAL FROM ORDER NO.299 OF 2021
                                                                WITH
                                                  INTERIM APPLICATION NO2624 OF 2021

                               Haresh Hemraj Gori                                                         Appellant
                                  versus
                               The Municipal Corpn of Greater Mumbai                                      Respondent

                                                                     _______
                               Mr.Pradeep J.Thorat for Appellant.
                               Ms.Neeta Jadhav i/by Ms.Komal Punjabi for Respondent-MCGM
                                                                     _______

                                                           CORAM           :            AARTI SATHE, J.

                                                           DATE            :            29th September 2026

                               P.C.

                               1.           This Appeal from Order has been filed under Order XLIII, Rule 1 of

                               Code of Civil Procedure, 1908, taking exception to the order dated 22 nd September

                               2021 passed by learned Judge, City Civil Court, Mumbai (`Trial Court’) in draft

                               Notice of Motion in L.C.Suit No.7471 of 2021 thereby refusing to grant ad-

                               interim relief in favour of the Appellant

                               2.           Learned counsel for the Appellant submits that the Notice of Motion is

                               pending hearing and the same has been posted for hearing on 14 th October 2026.

                               He has also submitted that till date the Municipal Corporation of Greater Mumbai

                               (`MCGM’) has not filed reply to the aforesaid Notice of Motion.

            Digitally signed
            by MANISH
                               3.           Considering that the Notice of Motion is pending for long time and no
MANISH      SURESHRAO
SURESHRAO   THATTE
THATTE      Date: 2026.09.29
            15:10:47 +0530
                               adjudication has taken place, this Court without delving into the merits of the case,

                               deems it appropriate to dispose of the Appeal from Order with a direction to the


                               M.S.Thatte
                                           2 of 2                 4.AO.299.2021.DOC



Trial Court to dispose of the Notice of Motion as expeditiously as possible and on

the date fixed for the hearing of Notice of Motion i.e. 14 th October 2026. Parties

are directed not to seek adjournment on 14 th October 2026. All contentions of the

parties are expressly kept open.

4.           The MCGM will be free to file reply to the Notice of Motion, if any, on

or before 14th October 2026.

5.           The protection granted to the Appellant by order dated 1 st October

2021 by this Court, to continue to operate till the hearing of Notice of Motion on

14th October 2026.

6.           Needless to clarify that this Court has not expressed its views or

rendered any finding in respect of the dispute covered in this Appeal from Order.

7.           Appeal from Order stands disposed of in the aforesaid terms. No costs.

Interim Application does not survive and stands disposed of.




                                                    (AARTI SATHE, J.)




M.S.Thatte


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