BASHIR PANNIKKAVEETITII MOINUDDIN KUTTYversusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR

                                                                         6 - IA-7311-2026 COPY.DOCX



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                    INTERIM APPLICATION NO. 7311 OF 2026
                                     IN
                        FIRST APPEAL NO. 1296 OF 2026

Bashir Pannikkaveetitii
Moinuddin Kutty                                                                     Applicant

        Versus

Municipal Corporation Of
Greater Mumbai and Anr                                                           Respondents

_________________________________________________________________
Mr. Khan Javed Akhtar, Advocate, for the Applicant.
Mr. Pradeep M. Patil, Advocate, for the Respondent-BMC.
_________________________________________________________________

                                CORAM:           AARTI SATHE, J.

                                DATE:            17th SEPTEMBER 2026.

P.C.


1.           This Interim Application has been filed praying for the following

substantive reliefs:

       “(a) Pending the hearing and final disposal of this Appeal, this Hon’ble Court be
       pleased to the stay granted by the Trial Court by an Order dated Judgment and
       Order dated 18/08/2026 passed by the Ld. District Judge, City Civil Court, Borivali
       Division at Dindoshi, Mumbai in L.C. Suit No. 3159 of 2014 be continued.

       (b) That pending the hearing and final disposal of this Appeal, this Hon’ble Court
       be pleased to stay the effect, operation and implementation of the impugned notice
       22.08.2014, under Section 351 of the Mumbai Municipal Corporation Act, 1888
       and final demolition order dated 15.11.2014 and this Hon’ble Court be further
       pleased to restrain the Respondent No. 1 and its officers from taking any action of
       demolition in furtherance of impugned notice dated 22.08.2014, under Section 351
       of the Mumbai Municipal Corporation Act, 1888 and final demolition order dated
       15.11.2014.

       (c) Ad-interim and interim reliefs in terms of prayer clause (a) and (b) above be
       granted.




                                        Page 1 of 2
                                                                               6 - IA-7311-2026 COPY.DOCX



          (d) For Costs.

          (e) For such other and further reliefs as the nature and circumstances of the case may
          require as this Hon’ble Court may deem fit and proper be granted.”


2.               Applicant herein has filed the First Appeal against the judgment and

order of the Trial Court dated 18th August 2026. After the pronouncement of the

judgment dated 18th August 2026, the Trial Court had granted stay to the

Applicant in the form of continuing ad interim injunction till the Applicant files

Appeal before the higher forum namely this Court.

3.               Learned counsel on behalf of the Applicant has submitted that this stay

will cease to operate now as the Applicant has filed the Appeal before this Court.

Considering that the Appeal is pending adjudication, and also that the Applicant

has raised issues which need to be considered in the First Appeal, this Court is of

the view that the Interim Application be allowed in terms of prayer clause (a).

4.               Therefore, by way the judgment and order dated 18th August 2026,

passed by the Trial Court Ad-interim relief to be continued till the next date of

hearing.

5.               Interim Application stands disposed of in the aforesaid terms.

6.               Learned counsel on behalf of the Applicant to file the convenience

compilation on or before the next date of hearing in the First Appeal.

7.               Stand over to 26th November 2026.



                                                                (AARTI SATHE, J.)




                                            Page 2 of 2
Bharati