DASHRATH ATMARAM CHAVANversusDEPUTY COLLECTOR (ENC AND CA) ANDHERI AND ANR.

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                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                  APPEAL FROM ORDER NO.502 OF 2021

                               Dashrath Atmaram Chavan,
                               R/o.Room No.306, Building no.8,
                               Milan Co-op.Hsg.Soc.ltd, MMRDA Colony,
                               Ram Mandir Road, Goregaon (W),
                               Mumbai-104.                                                            Appellant
                                             versus
                               1. Deputy Collector (Enc & CA), Andheri,
                               office at Bandra (East), Mumbai.
                               2. Mumbai Metropolitan Regional Development
                               Authority, office at Bandra (East), Mumbai.                            Respondents

                                                                 _______
                               Mr.Sunit Kate i/by Dr.Uday Warunjikar for Appellant.
                               Mr.R.s.Tendulkar, AGP, for Respondent-State.
                               Mr.Afsar Ansari i/by Mr.Ajay Khaire for Respondent no.2.
                                                                   _______

                                                          CORAM        :        AARTI SATHE, J.

                                                          DATE         :        9th October 2026

                               P.C.

                               1.           This Appeal from Order has been filed under Order XLIII Rule 1(r)

                               read with Section 104 of Code of Civil Procedure, 1908 (`CPC’) being aggrieved by

                               the order passed by City Civil Court, Borivali, Dindoshi, Mumbai (`Trial Court’)

                               dated 2nd December 2021. By way of the aforesaid order, the Trial Court rejected

                               the ad-interim relief in the said Notice of Motion. The Trial Court also by the

                               impugned order rejected Notice of Motion No.825 of 2013 and on the same day,
            Digitally signed
MANISH      by MANISH
SURESHRAO
            SURESHRAO
            THATTE
                               an interim protection was granted for two weeks to the Appellant. A co-ordinate
THATTE      Date: 2026.10.09
            17:12:46 +0530


                               Bench of this Court by order dated 18 th February 2022 has stayed the operation of




                               M.S.Thatte
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notice/order dated 21st January 2012 which has been impugned in the suit

proceedings which has culminated into passing the impugned order dated 2 nd

December 2021.

2.           Learned counsel for the Appellant submits that the suit has proceeded

and is at the stage of recording evidence. This Court is, therefore, of the view that

since the suit has progressed at the stage of of evidence and final hearing thereon

would take place post recording of evidence, without delving into the merits of the

matter and without forming a prima facie view in respect of the dispute in the

present Appeal from Order, this Court is of the view that the Trial Court shall

decide the pending suit as expeditiously as possible and preferably within a period

of nine months from the date of uploading of this order.

3.           The parties shall not seek adjournments at the trial of the suit. All

contentions of the parties are expressly kept open.

4.           Needless to clarify that this Court has not expressed any opinion or

given any finding in respect of challenge in the present Appeal from Order and the

Trial Court shall dispose of the suit independently and in accordance of law.

5.           Appeal from Order is disposed of in the aforesaid terms. No costs.

Interim Application, if any, also stands disposed of.

6.           As this Court has by its order dated 18th February 2022 granted stay to

the notice/order dated 21st January 2012, the said protection is continued till final

disposal of the suit.

                                                    (AARTI SATHE, J.)




M.S.Thatte