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
Checking your session…