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Bombay High CourtCAA/125/2019dismissed

Shri. Prasad Gangadhar Inamdar v. Shri. Mrs. Kavita Pradeep Lokhandeprasad Gangadhar Inamdar,Prasad Enterprises Promoters And Develop

2019-01-31Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

46 AO 342 OF 2018 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.3215 OF 2019 IN APPEAL FROM ORDER NO.342 OF 2018 Prasad Gangadhar Inamdar ...

Applicant Ori.respondent No.1.

In the matter between Mrs. Kavita Pradeep Lokhande ...

Appellant.

V/s.

Prasad Gangadhar Inamdar Prasad Enterprises ...

Respondents Mr. Shailendra S. Kanetkar, for the appellant. Mr. Samartha Moraye i/by Vishwanath S. Talkute, for respondent No.1.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 31st JANUARY, 2019.

P.C. :

1] This application is filed by respondent No.1 seeking extension of time to pay amount of Rs.20,00,000/- by a period of three weeks, without passing any adverse order regrding construction of the property.

2] This application is filed in pursuance to the order dated 15.01.2019, under which categorical statement was made that the amount of Rs.20,00,000/- would be paid on or before 30th January, 1/2

46 AO 342 OF 2018 2019 and if respondent fails to do so, respondent will be restrained from carrying out further construction. As he failed to pay this amount, there is no question of extending time for further period. 3] In view of order dated 15th January, 2018, Respondent No.1 is restrained from carrying out construction activity till the payment of Rs.20,00,000/-. Application is disposed as dismissed. 4] Earlier ad-interim relief restraining respondent owner from creating third party interest is continued till next date. 5] Stand over to 25.02.2019.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2