Bombay High Court

MUNICIPAL CORPORATION OF GREATER BOMBAYversusSHRI. ARUN CHHOTALAL CHATRAPATI AND ORS.

Decided: 17 January 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The Court held that the application for a stay was infructuous and dismissed it.

Summary

The Municipal Corporation of Greater Bombay sought a stay of an order that had been in force since 2014. The High Court noted that no stay had been granted on the impugned order since that time. Consequently, the civil application filed in 2016 for a stay was deemed infructuous. The Court therefore disposed of the application without granting any relief. The judgment was delivered by Justice Jitendra Jain on 17 January 2026.

Issues considered

Whether the civil application for a stay of the order dated 2014 can be entertained

Subjects

stay of order
civil procedure
appellate jurisdiction
municipal corporation

Judgment

  2026:BHC-AS:2094
                               Sayyed                                                      26-(i)CAF.1468.2016.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                CIVIL APPLICATION NO.1468 OF 2016
                                                                IN
                                                  FIRST APPEAL NO.1809 OF 2019

                               Municipal Corporation of
                               Greater Bombay                              ...Applicant/Appellant
                                     Versus
                               Arun Chhotalal Chatrapati & Ors.            ...Respondents
                                    _____________________________________________________
                               Mr. Pradeep M. Patil for the Applicant-Appellant-MCGM.
                               Mr. Bhavik Manek a/w Mr. Aryan Srivastava i/by Wadia Ghandy & Co.
                               for Respondents.
                                     _____________________________________________________

                                                                 CORAM :        JITENDRA JAIN, J.
                                                                 DATE       :   17 JANUARY 2026
                               P.C.:

                               1.        There is no stay on the impugned order since 2014.


                               2.        Therefore, civil application for stay has become infructuous
                               and is disposed of accordingly.



                                                                                 [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 17/01/2026 15:13:56                                          1 of 1

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