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Bombay High Court

SURYA KIRTI ENTERPRISES THROUGH SHRI. MAHESH KANTILAL MEHTA AND ANR.versusCHIEF ENGINEER DEVELOPMENT PLANNING BRIHANMUMBAI MUNICIPAL CORPORATION

Decided
Disposal
Disposed Off

Holding

The appeal shall be listed for hearing on 2 November 2026.

Summary

The respondent filed an interim application seeking an early fixed date for hearing the appeal (First Appeal No. 92 of 2021) on the ground that the issue was already covered by a prior judgment dated 14‑03‑2024 in Writ Petition No. 1928 of 2018. No counsel appeared on behalf of the appellant, the Brihanmumbai Municipal Corporation. The Court held that the appeal could be scheduled for hearing so that the issue and any other matters could be decided on merits. Consequently, the application was disposed by directing that the appeal be listed for hearing on 2 November 2026 at 3:00 pm, with parties to file brief written submissions. The record and paper book were noted to be available for the final hearing.

Issues considered

  • Whether the appeal may be fixed for early hearing on a specific date
  • Whether the issue raised is covered by the earlier judgment in Writ Petition No. 1928 of 2018

Subjects

  • early hearing
  • interim application
  • listing of appeal
  • civil appellate jurisdiction
  • Brihanmumbai Municipal Corporation

Judgment

                                                                                    25-FA-92-2021.doc



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         CIVIL APPELLATE JURISDICTION
                                         FIRST APPEAL NO. 92 OF 2021
                                                    WITH
                                    INTERIM APPLICATION NO. 1081 OF 2022
                   Chief Engineer Development Planning                     … Appellant
                   Brihanmumbai Municipal Corporation
                               Versus
SWEETY
RAJU
BHALERAO           Surya Kirti Enterprises Through Shri.                   … Respondents
Digitally signed
                   Mahesh Kantilal Mehta and another
by SWEETY

                                                      ******
RAJU
BHALERAO
Date:
2026.09.08
18:14:05 +0530

                   None for Appellant.
                   Adv. K. Hakani, Mr. Rahul Hakani, Ms. Niyati Mankad, for Respondent No.1.
                                                      ******
                                                    CORAM : MANISH PITALE &
                                                            SHREERAM V. SHIRSAT, JJ.
                                                       DATE : 08th SEPTEMBER 2026.
                   PC:


                   1.     This is an application moved on behalf of the Respondent seeking

                   early hearing of the appeal on a fixed date. It is submitted that the issue

                   raised in this appeal, according to the Respondent, is covered by the

                   judgment and order dated 14/03/2024 passed by a Division Bench of this

                   Court in Writ Petition No. 1928 of 2018 [Municipal Corporation of Greater

                   Mumbai vs. M/s B.J. Development Corporation Pvt. Ltd and Ors].


                   2.     Today, there is no appearance on behalf of the appellant Corporation.


                   3.     We are of the opinion that the appeal can be fixed for hearing so that


                    Bhalerao                                                                      1
                                                                 25-FA-92-2021.doc


the aforesaid issue and any other issue that may arise for consideration can

be considered and the appeal can be disposed of on merits.


4.     In view of the above, the application is disposed of by directing that

First Appeal No. 92 of 2021 shall be listed for hearing on 2 nd November

2026, at 3:00 pm.


5.     The learned counsel for the parties shall keep brief written

submissions ready for consideration of this Court on the said date. It is

brought to our notice that the record and proceedings and paper book are

available for final hearing.




(SHREERAM V. SHIRSAT, J.)                        (MANISH PITALE, J.)




 Bhalerao                                                                      2


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