Kalindi Cooperative Housing Society Ltd. Thr. Authorised Representative Shri Chetan Shivaji Patil v. The Designated Officer- I,Ii,Iii, Iv

JAYARAJAN ANJAKULATH NAIR Date: 2022.04.18 13:34:31 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 26 AO-87.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.87 OF 2022 ALONG WITH INTERIM APPLICATION NO.423 OF 2022 Kalindi Cooperative Housing Society ] ... Appellant Vs.

The Designated Officer-I, II, III, IV.

] ... Respondent ...

Mr. Suresh M. Sabrad for the appellant.

Mr. Santosh Parad for the respondent.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 13TH APRIL, 2022.

P.C. :- 1.

The appeal can be disposed off with a direction to the learned Judge, Bombay City Civil Court at Mumbai to decide the notice of motion filed by the plaintiff in L.C. Suit (L) No.787 of 2022. The present appeal is filed, being aggrieved by the rejection of ad-interim relief in the said notice of motion and it is informed AJN

2/2 26 AO-87.22.odt that the notice of motion is still pending.

2.

The appellant was protected by an order dated 02/02/2022, while the Corporation was directed to decide the application of the plaintiff within four weeks and the Corporation was restrained from giving effect to the impugned notice. The said protection continues to operate till date.

3.

Interest of justice would be better served to both the parties if the interim relief granted by this court is continued for another period of six weeks, within which the Bombay City Civil Court shall decide the notice of motion.

4.

The appeal stands disposed off in the above terms. 5.

In view of the disposal of the appeal, the interim application does not survive and is disposed off as such. [SMT. BHARATI DANGRE, J.] AJN