Bombay High Court
THE MUNICIPAL CORPORATION FOR GREATERMUMBAIversusMRS. SHAMSUNNISA SHAKEL KARVINKAR
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The appellate court will not interfere with the interim status‑quo order and directs the trial court to dispose of the pending notice of motion by 30 April 2026.
Summary
The Municipal Corporation of Greater Mumbai (MCGM) appealed an interim order dated 6 March 2017 that directed the parties to maintain the status quo after demolition of a terrace and fourth floor, pending a notice of motion (No. 3794 of 2016) that remained undecided. The appellant argued that the interim order should be set aside, while the trial court had not yet ruled on the pending motion. The High Court observed that the notice of motion was still pending and declined to interfere with the status‑quo order, directing the trial court to dispose of the motion expeditiously, no later than 30 April 2026, with no further adjournments. The appeal was disposed of without any order as to costs, and all pending interim applications and orders in the appeal were vacated. The decision emphasizes procedural efficiency and respects the trial court's pending jurisdiction.
Issues considered
- Whether the appellate court can set aside or modify the trial court's interim status‑quo order.
- Whether the trial court should be directed to dispose of a pending notice of motion within a specific timeframe.
Subjects
- interim order
- status quo
- municipal corporation
- appeal
- notice of motion
- court procedure
Judgment
48. AO/888/2023
MCGM vs. Mrs. Shamsunnisa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by JYOTI
APPEAL FROM ORDER NO. 888 OF 2023
JYOTI PRAKASH
PAWAR
PRAKASH Date:
PAWAR 2026.03.26
16:18:37
+0530
The Municipal Corporation For Greater Mumbai .. Appellant
V/s.
Mrs. Shamsunnisa Shakeel Karvinker .. Respondent
WITH
CIVIL APPLICATION IN APPEAL FROM ORDER NO. 22 OF 2023
IN
APPEAL FROM ORDER NO. 888 OF 2023
WITH
CIVIL APPLICATION IN APPEAL FROM ORDER NO. 1097 OF 2019
IN
APPEAL FROM ORDER NO. 888 OF 2023
______________________________________
Mr. Sachin Vajale for Appellant – MCGM.
None for Respondent.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 24th MARCH 2026
P.C.:
1. The present Appeal has been filed on 14 th March 2018
challenging an ad-interim order dated 6 th March 2017. The ad-interim order
was passed by the Trial Court on a praecipe moved by the parties. The Trial
Court, after noting the statement made by the officer of the Corporation who
was present in Court on that date that the terrace and 4 th Floor had been
demolished, directed the parties to maintain status quo till the next date and
Page 1 of 2
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Order dated 24th March 2026
48. AO/888/2023
MCGM vs. Mrs. Shamsunnisa
adjourned the matter for hearing the Notice of Motion on 15 th July 2017.
2. Mr. Sachin Vajale, learned Counsel who appears on behalf of the
Appellant – Corporation, informs the Court that till date the said Notice of
Motion bearing no. 3794 of 2016 is still pending on the file of the Trial Court
and has not been decided.
3. Considering this, this Court is not inclined to interfere with the
challenge to the impugned ad-interim order dated 6 th March 2017 especially
since the status quo order has been in force from that day till today and is of
the view that it would be in the fitness of things that the Trial Court should
instead hear and dispose of the said Notice of Motion as expeditiously as
possible and in any event, on or before 30th April 2026. No adjournment shall
be granted to either of the parties.
4. Appeal from Order is disposed of in terms of the above order
with no order as to costs.
5. All pending Interim Applications taken out in the present Appeal
from Order, if any, also stand disposed of in terms of this order, and all
interim orders passed therein, if any, shall stand vacated.
( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil
Page 2 of 2
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Order dated 24th March 2026
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