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Bombay High Court

The Municipal Corporation O Gr. Bombay vs Gopi Munni Swamy And Anr on 9 August, 2021

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

Dusane                                            26 IA 2242.20 IN FA 1555.10.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
               INTERIM APPLICATION NO.2242 OF 2020
                                   IN
                     FIRST APPEAL NO.1555 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1547 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Kaveri Bindu & Anr.                     ]         Respondents


                                 WITH
               INTERIM APPLICATION NO.2241 OF 2020
                                   IN
                     FIRST APPEAL NO.1547 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant


                                                                     1 of 13


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         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1560 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Jaya Parmeshwar & Anr.                  ]         Respondents


                                 WITH
             INTERIM APPLICATION NO. 2240 OF 2020
                                  IN
                     FIRST APPEAL NO.1560 OF 2010


Lata Minu Swami, The Constituted
Attorney of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent
                                 WITH
                     FIRST APPEAL NO. 1558 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant



                                                                     2 of 13


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         Vs.
Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Respondents


                                 WITH
                     FIRST APPEAL NO.1559 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Kaveri Ganesh & Anr.                    ]         Respondents


                                 WITH
               INTERIM APPLICATION NO.2239 OF 2020
                                  IN
                     FIRST APPEAL NO.1559 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1561 OF 2010


The Municipal Corporation of            ]



                                                                     3 of 13


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Greater Mumbai                          ]         Appellant
         Vs.
Mohaddin Mohd,                          ]         Respondent


                                 WITH
                CIVIL APPLICATION NO. 4173 OF 2018
                                  IN
                     FIRST APPEAL NO.1561 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1557 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Nagnath R. Mahadik & Anr.               ]         Respondents


                                 WITH
                CIVIL APPLICATION NO. 4172 OF 2018
                                  IN
                     FIRST APPEAL NO.1557 OF 2010



                                                                     4 of 13


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Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1562 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Kala Gauri & Anr.                       ]         Respondents


                                 WITH
               INTERIM APPLICATION NO.2238 OF 2020
                                  IN
                     FIRST APPEAL NO.1562 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent
                                 WITH
                     FIRST APPEAL NO.1556 OF 2010



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The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Devika Muthu & Anr.                     ]         Respondents


                                 WITH
                 CIVIL APPLICATION NO.4171 OF 2018
                                  IN
                     FIRST APPEAL NO.1556 OF 2010


Lata Minu Swami, The Constituted
Attorney of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1550 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
C. Changi Raju & Anr.                   ]         Respondents


                                 WITH
                 CIVIL APPLICATION NO.4169 OF 2018



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                                  IN
                     FIRST APPEAL NO.1550 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1549 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Krishnaji Sriniwas & Anr.               ]         Respondents


                                 WITH
                 CIVIL APPLICATION NO.4168 OF 2018
                                  IN
                     FIRST APPEAL NO.1549 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent



                                                                     7 of 13


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                                 WITH
                     FIRST APPEAL NO.1546 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Ganga Timmappa & Anr.                   ]         Respondents


                                 WITH
               INTERIM APPLICATION NO.2247 OF 2020
                                  IN
                     FIRST APPEAL NO.1546 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1554 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Kartika Arumugam                   ]    Respondent



                                                                     8 of 13


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                                 WITH
                 CIVIL APPLICATION NO.4170 OF 2018
                                  IN
                     FIRST APPEAL NO.1554 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1555 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
D. Balan & Anr.                         ]         Respondents


                                 WITH
               INTERIM APPLICATION NO.2242 OF 2020
                                  IN
                     FIRST APPEAL NO.1555 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant



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         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1552 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Gopi Munni Swamy & Anr.                 ]         Respondents
                                 WITH
               INTERIM APPLICATION NO.2246 OF 2020
                                  IN
                     FIRST APPEAL NO.1552 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1553 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant



                                                                    10 of 13


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         Vs.
Rangama D. Muthu & Anr.                 ]         Respondents


                                 WITH
               INTERIM APPLICATION NO.2244 OF 2020
                                  IN
                     FIRST APPEAL NO.1553 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1548 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Madhubala                               ]         Respondent


                                 WITH
               INTERIM APPLICATION NO.2243 OF 2020
                                  IN
                     FIRST APPEAL NO.1548 OF 2010




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Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent


                                 WITH
                     FIRST APPEAL NO.1551 OF 2010


The Municipal Corporation of            ]
Greater Mumbai                          ]         Appellant
         Vs.
Mani Radha & Anr.                       ]         Respondents


                                 WITH
               INTERIM APPLICATION NO.2249 OF 2020
                                  IN
                     FIRST APPEAL NO.1551 OF 2010


Lata Minu Swami, The Constituted
Attorney]of Rani (also known as Malar)]           Applicant
         Vs.
The Municipal Corporation of            ]
Greater Mumbai                          ]         Respondent

Mr. Bhavin Gada i/b Arya Ambre & Associates for Applicant/s
in IA and for original Respondent No. 1 in FA.




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Ms. Shilpa Redkar for original Appellant in FA and for
Respondent in IA.


                          CORAM : NITIN W. SAMBRE, J.

DATED : 9th August, 2021. P.C.:

1 Mentioned out of turn.
2. By consent, adjourned to 23rd August, 2021.

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