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Bombay High CourtCAF/3212/2018disposed off

Mr. Madhukar Shankar Jojdand v. Goodluck Co-Op. Housing Society Ltd. Through Secretary/President And ORS.

2022-09-14Hon'Ble Smt. Justice Anuja Prabhudessai1 pages

Megha 6_caf_3212_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3212 OF 2018 IN FIRST APPEAL NO.1807 OF 2019 Madhukar Shankar Jogdand ...Applicant

Versus

Goodluck Co-op. Housing Society Ltd. and Ors.

...Respondents

...

Mr. Anand Mishra i/b. Mr. Ashok M. Saraogi for the Applicant. Mr. J.S. Yadav i/b. Mr. S.B. Shukla for Respondent No.1. Mr. Santosh Parad Respondent No.2-MCGM.

Mr. G.B. Walawalkar i/b. Mr. S.P. Thorat for Respondent No.3. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th SEPTEMBER, 2022.

P. C. :- The Applicant herein has sought to direct the ofce of BMC to take appropriate action in respect of the suit construction. The Applicant had fled a suit alleging that Respondent No.1-Society has carried out illegal construction in the open space and that Respondent Nos.2 and 3 have not taken any action despite various complaints. The Suit fled by the Applicant-Plaintif has been dismissed. The relief sought by the Applicant, which will amount to granting the fnal relief, cannot be granted at the interim stage. Hence, the application is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2022.09.19 18:20:51 +0530 1/1 MEGHA S PARAB