Bombay High Court

MOHAMMED AIJAZ MOHAMMED SULEMAN SHAIKHversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR

Decided: 28 January 2026
Disposal: Disposed Off
Bench: ARIF S DOCTOR

Holding

The court held that, as the substantive suit was already at the evidence stage, the civil application contained no surviving claim and was therefore disposed.

Summary

Mohd Aijaz Mohd Suleman Shaikh appealed the order dated 15 January 2019 that rejected his civil application at the interim hearing stage. The appellant argued that his substantive suit against the Municipal Corporation of Greater Mumbai was already at the evidence stage, rendering the civil application redundant. Counsel for the appellant submitted that no relief could survive from the application since the main suit was proceeding. The court examined whether any claim remained viable in the civil application. Finding that the suit was indeed at the evidence stage and no separate relief persisted, the court disposed of the civil application. Consequently, the appellant must continue with the substantive suit, and the civil application was dismissed.

Issues considered

Whether the civil application can survive when the substantive suit is already at the evidence stage
Whether any relief remains in the civil application after the suit proceeds

Subjects

civil application
interim order
disposal
evidence stage
appeal

Judgment

                                                                          11-ao801-19.doc

      vai
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
         Digitally
         signed by
         VASANT
VASANT   ANANDRAO           APPEAL FROM ORDER NO.801 OF 2019
ANANDRAO IDHOL
IDHOL    Date:                             WITH
         2026.01.29
         16:58:56            CIVIL APPLICATION NO.953 OF 2019
         +0530




                 Mohd.Aijaz Mohd. Suleman Shaikh                      …Appellant
                          V/s.
                 Municipal Corporation of Gr. Mumbai & Anr.           ...Respondents


                 Mr.Pratap Singh with Mr.S.S. Luman – Sawant for the Appellant.

                 Ms.Neeta Jadhav i/b Mr.Kamal Punjabi for the Respondent –
                 BMC.

                                 CORAM : ARIF S. DOCTOR, J.
                                 DATE : 28TH JANUARY, 2026.

                 P.C. :-

                 1.        Learned counsel today submits that the captioned

                 Appeal from Order impugns the order dated 15 th January, 2019

                 by which the Appellant’s Civil Application came to be rejected at

                 the stage of ad-interim hearing. He submits that the suit is now at

                 the stage of evidence and therefore the Appellant shall proceed

                 with the suit. Nothing therefore, survives in this Civil Application.


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                                                  11-ao801-19.doc

2.   The Civil Application is accordingly disposed of.



                                    (ARIF S. DOCTOR, J.)




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