Kitabullah Khan vs The Mumbai Municipal Corporation Of ...

ik-41214431 Bombay High Court 22 November 2024 • 19 min read

Judges (1)

Counsel (7)

Anil Singh Counsel Respondent Divya Yajurvedi Counsel Appellant Kajal Chourasia Counsel Appellant Megha Shigavan Counsel Appellant Pradeep Kumar Counsel Appellant S.C. Naidu Counsel Appellant Seena Rawade Counsel Respondent

Parties (2)

Municipal Corporation of Greater Mumbai Respondent Kitabullah Khan Appellant

Case Significance

Kitabullah Khan vs The Mumbai Municipal Corporation Of ... is a Bombay High Court decision dated November 22, 2024 (citation: ik-41214431). An 83-year-old businessman appealed against the rejection of his Notice of Motion seeking injunction against the Municipal Corporation of Greater Mumbai (MCGM) in a suit concerning his business premises at Mulund. The court found that the trial court failed to properly consider the plaintiff's case and documentary evidence, resulting in an erroneous rejection of the interim application. The appeal was allowed, the impugned order was quashed, and an injunction was granted pending the suit, wit The case was heard by Justice Shyam C. Chandak.

Summary

An 83-year-old businessman appealed against the rejection of his Notice of Motion seeking injunction against the Municipal Corporation of Greater Mumbai (MCGM) in a suit concerning his business premises at Mulund. The court found that the trial court failed to properly consider the plaintiff's case and documentary evidence, resulting in an erroneous rejection of the interim application. The appeal was allowed, the impugned order was quashed, and an injunction was granted pending the suit, with the trial court directed to decide the case on its own merits.

What was the outcome of Kitabullah Khan vs The Mumbai Municipal Corporation Of ...?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-41214431)