1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.749 OF 2010 WITH CIVIL APPLICATION NO.2040 OF 2010 Hajee Akoojee Ebrahim Karolia & Ors. .. Appellants/ Applicants V/s Brihanmumbai Mahnagar Palika .. Respondent Mr.S.N.Kadam for the Appellants / Applicants. Mr.Vinod Mahadik for the Respondent. CORAM: R.G.KETKAR, J. DATE: 29TH JULY, 2010. P.C. First Appeal No.749 of 2010: 1. Heard learned counsel for the parties. This appeal is directed against the judgment and decree dated 5th April, 2010 passed by the learned Judge of the City Civil Court, Mumbai in L.C.Suit No.2289 of 2000. Appellant instituted the said suit for declaration that distress warrant dated 11th June, 1999 issued by the Defendant for recovery of amount of Rs.43,838/- is illegal. By the impugned judgment, the learned Trial Judge dismissed the suit 2. Admit. Mr.Mahadik, learned counsel for the Respondent waives service. 3. Printing is dispensed with. Appellant shall file private paper book and decree forms within one year from today. Civil Application No.2040 of 2010: 1. On the condition of Applicants depositing the entire decretal amount in this Court within four weeks from today, there shall be interim relief in terms of 2 prayer clause (a) of the Civil Application. 2. Respondent Corporation is permitted to withdraw the said amount, subject to the condition that in case the applicants succeed in the appeal, the Respondent Corporation shall refund the said amount together with interest at such rate that may be fixed by the Court while disposing of the appeal finally. 3. Civil Application is allowed in the aforesaid terms, with no order as to costs. (R.G.KETKAR, J.)