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Bombay High Court

RATHI SHANKAR SHETTYversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
Disposed Off

Holding

The Court directed the trial court to decide the notice of motion on its merits, continued the ad‑interim protection, and disposed of the interim application.

Summary

The appellant, Rathi Shankar Shetty, appealed against the rejection of an ad‑interim relief (Roznama) dated 22 January 2025 that protected a disputed structure. The appellant contended that the trial court’s order failed to consider several documents, including a census certificate and a fire NOC dated 8 August 2016, and that some documents listed (serial nos. 7‑14) were not even produced by him, indicating a lack of independent judicial consideration. He sought continuation of the ad‑interim protection and an opportunity for the Municipal Corporation of Greater Mumbai to file an affidavit in reply. The High Court observed that the corporation had not independently applied its mind to the appellant’s documents and directed the trial court to hear the notice of motion on 13 August 2026, allowing the corporation to file its reply, while continuing the ad‑interim order. The court disposed of the interim application and ordered that the trial court decide the matter on its merits, uninfluenced by the interim protection.

Issues considered

  • Whether the trial court erred in rejecting the ad‑interim relief without considering the appellant’s documents.
  • Whether the ad‑interim protection should be continued pending final determination of the notice of motion.
  • Whether the Municipal Corporation should be given an opportunity to file an affidavit in reply before the final hearing.

Subjects

  • ad‑interim relief
  • interim protection
  • municipal corporation
  • unauthorized structure
  • fire NOC
  • census certificate
  • procedural fairness
  • notice of motion

Judgment

2026:BHC-AS:28364

                                                                            6-AO-63-2025.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                   APPEAL FROM ORDER NO. 63 OF 2025
                                                 WITH
                                  INTERIM APPLICATION NO.1156 OF 2025
                                                  IN
                                    APPEAL FROM ORDER NO.63 OF 2025

                    Rathi Shankar Shetty                                  …Appellant/
                                                                           Applicant
                         Versus
                    The Municipal Corporation Of Greater Mumbai           ...Respondent
                                                   ——————
                   Mr. Pradeep S. Thorat a/w Mr. Shubham S. Dubey and Ms. Aditi S. Naikar
                   i/b Mr. Ashutosh L. Shukla for the Appellant/Applicant

                   Mr. Prakash Shetty, C.A. of the Appellant is present

                   Mr. Sachin Vajale a/w Mr. Pradeep Patil i/b Ms. Komal Punjabi for the
                   Respondent-MCGM
                                                ——————
                                           CORAM : SHARMILA U. DESHMUKH, J.
                                              DATE     : JULY 10, 2026
                   ORAL ORDER :

                   1.    The Appeal from Order has been preferred against the rejection

                   of ad-interim relief by way of Roznama dated 22 nd January 2025. While

                   admitting the Appeal on 27th January 2025, ad-interim relief was

                   granted protecting the structure, which ad-interim relief is continued

                   from time to time, till date.

                   2.    Mr. Thorat, learned counsel appearing for the Appellant, would




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                                                                     6-AO-63-2025.doc


            point out that the speaking order does not deal with the documents

            produced by Appellant and points out that from Serial Nos. 7 to 14, the

            documents which were not even submitted by the Appellant have been

            taken into consideration, which indicates that the order is a copy-paste

            order and there is no independent application of mind. He would

            further point out that before the Trial Court, the census certificate was

            produced showing the existence of the structure, the fire NOC dated

            8th August 2016, all of which have not been considered by the Trial

            Court. He would point out that the Motion is now listed for hearing on

            13th August 2026 before the Trial Court and an opportunity can be

            given to the Corporation to file its affidavit, and in the meantime, the

            ad-interim protection which was granted by this Court can be

            continued.

            3.    Prima facie, from the speaking order which has been passed, it

            does not appear that the Corporation has independently applied its

            mind to the documents submitted by Appellant, particularly in view of

            the submission of Mr. Thorat that the documents at Serial Nos. 7 to 14

            were not produced by the Appellant. The structure in question is

            claimed to be an unauthorized structure comprising of ground plus

            first floor, and the fire NOC dates back to the year 2016 in respect of

            the same structure, apart from the census certificate which has been




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            placed on record. All these documents are required to be considered

            and an opportunity to be given to the Corporation to file its reply, so

            that the Trial Court can have the benefit of considering the entire

            material before passing the final order.

            4.    As the structure is already protected since the year 2025, the

            Appeal from Order is disposed of by directing the Trial Court to decide

            the Notice of Motion finally. The Notice of Motion is listed for hearing

            on 13th August 2026, on which date, the Corporation shall file its

            affidavit in reply. The Trial Court, at its convenience, to place the Notice

            of Motion for hearing, on which date the advocates for the parties, to

            make themselves available for arguments. It is expected that the

            parties will cooperate with the Trial Court in disposing of the Notice of

            Motion.

            5.    Till the hearing and final disposal of the Notice of Motion, the ad-

            interim order granted by this Court is continued.

            6.    Needless to clarify that the Trial Court to decide the matter on

            its own merits, uninfluenced by the protection granted by this Court or

            the observations made in the present order.

            7.    The Interim Application does not survive for consideration and is

            disposed of.

                                                  [SHARMILA U. DESHMUKH, J.]


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