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Bombay High Court

JAWAHAR PESUMAL BHATIAversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
Disposed Off

Holding

The appeal is disposed of with a direction that the suit shall proceed and the interim protection continue until the suit is disposed.

Summary

The appellant, Jawahar Pesumal Bhatia, appealed an order dated 30 July 2018 that rejected his motion for a stay of a notice issued on 24 June 2015. Although the motion was rejected, the court had stayed the impugned order, so the notice had not been implemented. The underlying suit, filed in 2007, was listed for its final hearing on 25 March 2026. The respondent, Municipal Corporation of Greater Mumbai, argued that the appeal should be dismissed and the interim protection vacated. The court held that, given the ten‑year duration of the interim relief and the suit now reaching final hearing, it was in the interest of justice to allow the suit to proceed while maintaining the interim protection. Accordingly, the appeal was disposed of with a direction that the suit proceed and the notice not be acted upon, and the accompanying civil application was also dismissed.

Issues considered

  • Whether the interim stay of the notice should continue despite the appeal being pending
  • Whether the suit should be allowed to proceed to final hearing
  • Whether the civil application survives after disposal of the appeal

Subjects

  • stay of execution
  • interim relief
  • civil appeal
  • final hearing
  • municipal corporation
  • procedural law

Judgment

       Digitally
       signed by                                              1/2                        21AO-573-18.DOC
       MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
       2026.03.06
       19:05:04
       +0530                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                          APPEAL FROM ORDER NO.573 OF 2018


                    Jawahar Pesumal Bhatia                                    ...Appellant
                             Vs.
                    Municipal Corporation of Greater Mumbai                   ...Respondent
                                                           WITH
                                           CIVIL APPLICATION NO.760 OF 2018
                                                           -----
                    Mr. Pradeep Thorat a/w Mr. Rushikesh Kekane for Appellant.
                    Ms Dhruti Kapadia a/w Mr. Sachin Vajale for BMC-Respondent.
                                                           -----
                                                       CORAM :          ARIF S. DOCTOR, J.
                                                       DATE         :   4th MARCH 2026

                    P.C.

                    1        The captioned Appeal from Order challenges an order dated 30 th July

                    2018, by which the Appellant’s Notice of Motion seeking a stay of the

                    implementation of the notice dated 24 th June 2015 was rejected. It is common

                    ground before me today that, despite the rejection of the motion, the said notice

                    has not been implemented till date, since the Court had stayed the impugned

                    order. The suit is of the year 2007, and Mr. Thorat has placed before me an

                    order dated 25th February 2026, which lists the suit for final hearing on 25 th

                    March 2026. He clarified that the matter is listed for the final hearing of the

                    suit.

                    2        Mr. Vajale does not dispute that the suit is for final hearing but submit

                    that the present Appeal from Order deserves to be dismissed and the interim

                    protection vacated. However, considering that this position has prevailed for the



                    Meera Jadhav
                                        2/2                        21AO-573-18.DOC



last ten years, and that the suit has now reached the stage of final hearing, in my

view it would be in the substantive interest of justice for the suit to be heard and

decided, while the interim protection continues.

3        In these circumstances, the Appeal from Order can be conveniently

disposed of by directing that the suit proceed for hearing. Given that interim

relief has been operating for nearly ten years in the Appeal from Order, it would

be appropriate for the same to continue until the disposal of the suit.

Accordingly, the Appeal from Order is disposed of with the direction that the

suit shall proceed, and pending such disposal, the notice shall not be acted upon.

4        In view of the disposal of the Appeal from Order, the Civil Application

does not survive and is accordingly disposed of.




                                                       [ARIF S. DOCTOR, J.]




Meera Jadhav


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