Savjibhai Waljibhai Parmar v. The State Of Maharashtra And ORS

26. WP 8985.15.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 8985 OF 2015 Savjibhai W. Parmar.

...Petitioner.

V/s.

The State of Maharashtra & Ors.

...Respondents.

Mr. Pankaj Dubey i/b. Ditendra Mishra for the Petitioner. None for the Respondents.

CORAM : N.M. Jamdar, J.

14 September, 2016.

Oral Order :- The Petitioner has sought an order in this Petition that the Respondents be declared to have committed Contempt of Court and dis-obedience of the order dated 28 May 2007, and to direct the Respondents to reconstruct the structure stated to be demolished by them.

2.

The Petitioner had taken out a draft Notice of Motion in which same reliefs have been prayed by the Petitioner. By order

26. WP 8985.15.doc dated 14 September 2012 notice has been issued to the Respondents while declining to grant any ad-interim relief. After this order, Writ Petition is filed in regular course. The Writ Petition is filed on 15 January 2013 and when it came up on board on 10 August 2016, the Petitioner changed the Advocate and the current Advocate sought time, and the matter was adjourned. Today also request is made on behalf of the learned Counsel for the Petitioner for adjournment. The Petition cannot be just adjourned. By order dated 14 September 2012, the learned City Civil Court Judge has already issued notices to the Respondents in Notice of Motion. Ad-interim relief has been rejected four years back. In the circumstances, it is not possible to grant any relief in this Petition. If the Notice of Motion is already not disposed of by the learned City Civil Court, the learned City Civil Court Judge will accordingly dispose of the same as early as possible considering the nature of the grievance made by the Petitioner. Keeping all contentions open, the Writ Petition is disposed of.

(N.M. Jamdar, J.)