Order 1

Order Details: Order below exhibit
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXHIBIT 2
IN
L. C. SUIT NO. 1753 OF 2021
(CNR NO.MHCC010038132021)
Shri. Dinesh Gopinath Dubey ... Plaintiff
V/s.
MUNICIPAL Corporation of Greater Mumbai
Through Assistant Engineer ... Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 20/09/2021
Adv.Mr.U. V. Singh for the plaintiff.
Adv. Ms Meena Dhuri for the defendants.
ORAL ORDER
1. This is an application filed by the plaintiff for extension of
order dated 18.08.2021 on dismissing the Notice of Motion No.
1318/2020.
2. The Defendants/BMC has strongly objected to the
application.
3. Perused the application Exhibit2 and say of the
Defendants/ BMC. Heard advocates for the parties at the length.
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2 Order Below Exh2
4. It is contended by the plaintiff that this Court by order
dated 18.08.2021 dismissed the Notice of motion No. 1318/2020 and
this Court continued their earlier order till 18.09.2021. The plaintiff
has filed an Appeal From Order being (Stamp) No. 17192/2021
challenging the order dated 18.08.2021. Therefore, the plaintiff prayed
for extension of order dated 18.08.2021.
5. The order passed below Notice of Motion No. 1318/2020
dated 18.08.2021 is passed on merit and the Court has dismissed the
said Notice of Motion. One month period was granted to the plaintiff on
18.08.2021 to prefer an appeal and effect of the order 18.08.2021 was
stayed till 18.09.2021. Admittedly, the plaintiff has preferred an
Appeal against the said order dated 18.08.2021. The said earlier order
dated 18.08.2021 has expired on 18.09.2021.
6. The matter is subjudice before the Honourable High Court
against the order passed in the Notice of Motion for interim injunction.
When the plaintiff has preferred an appeal against the order passed on
Notice of Motion No. 1318/2020 dated 18.08.2021 the plaintiff cannot
seek the extension of the order granted by the Court on 18.08.2021 for
staying the effect of the order passed on 18.08.2021. When an appeal is
preferred against the said order in the Honourable High Court, this
Court becomes functous officio i.e. cease to function in the said matter
pertaining to the relief sought in appeal.
7. In this background, the earlier order dated 18.08.2021
cannot be extended further and in consequence this application is liable
to be rejected. Hence, following order is passed.
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3 Order Below Exh2
ORDER
The application Exhibit2 for extension of order dated
18.08.2021 is rejected.
(Smt. S.G.Shaikh)
Date 20/09/2021 Judge,City Civil Court,
Gr.Mumbai.
Dictated on : 20/09/2021
Typed on : 20/09/2021
Signed on :
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4 Order Below Exh2
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/09/2021 05.00 p.m ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
20/09/2021
JUDGMENT/ORDER signed by
P.O.on
20/09/2021
JUDGMENT/ORDER uploaded on 20/09/2021
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