Bombay High Court

GANESH BHIMRAO CHAVAN (PROPRIETOR) M/S. SHREE RAMJI ENTERPRISESversusTHE COMMISSIONER, MIRA BHYANDER MUNICIPAL CORPORATION,

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The appeal becomes infructuous and is to be disposed of when the underlying stop work notice is withdrawn.

Summary

The appellant, Ganesh Bhimrao Chavan, proprietor of M/S. Shree Ramji Enterprises, filed a second appeal and a civil application against the Commissioner of the Mira Bhyander Municipal Corporation. The dispute arose from a stop work notice issued by the Municipal Corporation, which was later withdrawn. The appellant contended that the withdrawal rendered the appeal infructuous. The court examined whether the withdrawal of the stop work notice automatically nullified the appellant's right to continue the appeal. Finding that the notice had indeed been withdrawn, the court held that there was no longer any operative ground for the appeal. Consequently, the appeal was disposed of as infructuous.

Issues considered

What is the effect of the withdrawal of a stop work notice on the continuance of a pending appeal?

Subjects

appeal
infructuous
stop work notice
municipal corporation
civil procedure

Judgment

  2026:BHC-AS:34294

                          Renuka                                               5-SA-300-2018.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                             SECOND APPEAL NO. 300 OF 2018
                                                            WITH
                                            CIVIL APPLICATION NO. 472 OF 2018
                          Ganesh Bhimrao Chavan (Proprietor)                ...Appellant/Applicant
                          M/S. Shree Ramji Enterprises
                                            V/s.

                          The Commissioner, Mira Bhyander                       ...Respondent
                          Municipal Corporation.
                                                 ________________
                          Mr. Raju D. Suryawanshi for Appellant.
                          Mr. Mayuresh Lagu with Mr. Sagar Patil for Respondent-MBMC.
                                                       ________________
                                                                  CORAM: SANDEEP V. MARNE, J.
                                                                  DATED: 19 AUGUST 2026.


                          P.C.:


                          1)           Mr. Suryawanshi, the learned counsel appearing for the
                          Appellant submits that the Appeal is rendered infructuous on account of
                          withdrawal of the stop work notice by the Municipal Corporation.


                          2)           The Appeal is accordingly disposed of as infructuous.


                                                                            [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                           Page No.1 of 1
Designation: PA To Honourable Judge                       19 August 2026
Date: 20/08/2026 11:08:07

Continue reading with your account

Checking your session…