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 is rendered infructuous due to the withdrawal of the stop work notice.

Summary

The appellant, Ganesh Bhimrao Chavan, proprietor of M/S Shree Ramji Enterprises, filed a second appeal against the Commissioner of Mira Bhyander Municipal Corporation. The dispute arose from a stop work notice issued by the Municipal Corporation. During the proceedings, the Municipal Corporation withdrew the stop work notice. The appellant's counsel argued that the withdrawal rendered the appeal infructuous. The Court examined whether the appeal could continue in light of the withdrawal. Finding that the cause of action no longer existed, the Court held the appeal to be infructuous and disposed of it accordingly.

Issues considered

Whether the appeal is maintainable after the withdrawal of the stop work notice by the Municipal Corporation?

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

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