Bombay High Court
MR. ARUNKUMAR PALITversusTHE BRIHANMUMBAI MUNICIPAL CORPORATION AND ANOTHER
- Decided
- Disposal
- Disposed Off
Holding
The appeal is allowed and the trial court is directed to hear and dispose of the pending motion within eight weeks, with no adjournments.
Summary
The appellant, Mr. Arunkumar Palit, appealed against an order of the City Civil Court, Borivali Division, which had rejected his request for ad‑interim relief in a pending suit. The High Court noted that the trial court had not yet formed a prima facie view on the relief sought and that the motion was scheduled for hearing on 6 January 2027. To avoid unnecessary delay and preserve the status quo, the Court allowed the appeal and directed the trial court to hear and dispose of the motion within eight weeks, prohibiting any adjournments. All contentions of the parties were kept open, and the parties were instructed to maintain the status quo until the motion is decided. The order thus expedites the interim relief process without addressing the merits of the underlying suit.
Issues considered
- Whether an appeal from an order rejecting ad‑interim relief is maintainable
- Whether the trial court should be directed to expedite the hearing and disposal of the pending motion
Subjects
- interim relief
- appeal from order
- status quo
- expeditious hearing
- civil procedure
Judgment
501-AO-946-26 @ IA.DOC
JYOTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH
MANE CIVIL APPELLATE JURISDICTION
Digitally signed by
JYOTI RAJESH
MANE
Date: 2026.09.22
19:14:24 +0530 Appeal from Order NO. 946 OF 2026
With
Interim Application No. 7464 of 2026
Mr. Arunkumar Palit ...Appellant
Versus
The Brihanmumbai Municipal
Corporation And Another ...Respondents
_______
Mr. Amogh Singh a/w. Mr.Rutuparn Umesh Deo i/b. Mr. Hardik Desai,
for Appellant.
Ms. Neeta Jadhav i/b. Ms. Komal Punjabi, for Respondent-BMC.
_______
CORAM: AARTI SATHE, J.
DATE: 22 SEPTEMBER 2026
P.C.
1. Not on board. Taken on board.
2. This Appeal from Order has been filed against the order dated 21
September 2026 passed by the City Civil Court, Borivali Division, Dindoshi,
Goregaon, Mumbai (“Trial Court”), rejecting the ad-interim relief sought in terms
of prayer clause (a) of the registered Notice of Motion No. 3118 of 2026 in L.C.
Suit No. 1907 of 2026.
3. Considering that the aforesaid Appeal from Order has been filed against the
rejection of ad-interim relief, and that the Notice of Motion is pending disposal
and is presently posted for hearing on 06 January 2027, this Court is of the view
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501-AO-946-26 @ IA.DOC
that, without delving further into the merits of the matter, and since the Trial
Court has not formed any prima facie view in respect of the relief sought, it would
be in the interest of justice to dispose of the present Appeal from Order in terms of
the following order:
ORDER
i) The Appeal from Order is allowed.
ii) The Trial Court shall hear, as expeditiously as possible and, in any event,
within a period of eight weeks from today, Notice of Motion No. 3118 of
2026 and dispose of the same.
Iii) The parties are directed not to seek any adjournment at the hearing of
the aforesaid Notice of Motion.
iv) All contentions of the parties are expressly kept open.
v) Both the parties shall maintain status quo until the hearing and disposal
of the aforesaid Notice of Motion, which is expedited and directed to be
heard and disposed of within a period of eight weeks from today.
(AARTI SATHE, J.)
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