Virendra Vishnubhai Kahar v. Union Territory Of Dadra And Nagar Haveli And Daman And Diu Thr The Collector And ORS

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2022.02.15 20:08:18 +0530 Kanchan P Dhuri 1 / 2 7-WP-15-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15 OF 2022 WITH INTERIM APPLICATION NO. 211 OF 2022 Virendra Vishnubhai Kahar ...

Petitioner

Versus

Union Territory of Dadra and Nagar Haveli and Daman and Diu through the Collector and others ...

Respondents .........

Mr. Viraj Parikh alongwith Ms. Khyati Kanani and Mr. Amit Kanani instructed by Kanani & Co. Advocates for the Petitioner.

Mr. H.S. Venegaonkar for Respondent No.1.

Dr. B.B. Saraf, Senior Advocate alongwith Mr. Kalpesh Joshi, Mr. Mitesh Jain and Ms. Vaibhavi Parchake instructed by Kalpesh Joshi Associates for Respondent No.2. .........

CORAM : S.J. KATHAWALLA AND MILIND N. JADHAV, JJ.

DATED : FEBRUARY 15, 2022.

P.C. :- 1.

Heard the Learned Advocates appearing for the parties and the following order is passed, by consent :

(i) The Interim Application which is dismissed by the Learned Civil Judge (Senior Division) of Dadra & Nagar Haveli at Silvassa in Special Civil Suit No. 27 of 2014 is restored to file.

(ii) The Petitioner shall join Respondent No.2 as party Defendant to the said Suit and the Interim Application.

Kanchan P Dhuri 2 / 2 7-WP-15-2022.odt (iii) Pending the hearing and final disposal of the Suit, liberty is granted to the Petitioner to move the Interim Application and seek reliefs against the Defendants therein.

(iv) Upon such application being made, the Learned Judge will hear the parties and pass orders strictly on merits.

(v) All contentions of the parties are kept open. (vi) The hearing of the suit is expedited.

(vii) Order passed earlier to maintain status quo stands vacated. (viii) Parties shall appear before the Learned Civil Judge on 17th February, 2022 at 11.00 a.m. and obtain necessary directions. (ix) All proceedings filed taken out in the Suit shall be decided by the Learned Civil Judge without being influenced by this order. (x) The above Writ Petition as well as Interim Applications disposed off. ( MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )