Kishor Ramdas Tatar v. Grampanchayat Thengonda

k 1/2 45_ia_1893.23_in_sa_as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1893 OF 2023 IN SECOND APPEAL (L) NO.3151 OF 2023 Kishor Ramdas Tatar & Anr.

....Appellants/Applicants V/S Gram Panchayat & Anr.

....Respondents ...

Mr. Sachin Punde i/b Mr. Anuj Tiwari for the Appellants/Applicants. Mr. Jayendra D. Khairnar for Respondents.

...

CORAM: SANDEEP V. MARNE, J.

DATE : JANUARY 11, 2024.

P.C.:

Not on Board. Taken on board with the consent of the learned Counsel appearing for both the parties.

Interim Application is filed for staying the impugned orders during pendency of the Appeal. It appears that by order dated 1 February 2023 this Court has restrained the Defendant/Respondent-Gram Panchayat from taking any coercive steps in respect of the suit structure. Since the Appeal is allowed and the suit is restored, the Plaintiffs/Appellants will have to prosecute the Application at Exhibit-5 for grant of temporary injunction. In order to enable the Plaintiffs to do so, the ad-interim order granted by this court on 1 February 2023 shall continue to operate for a period of 12 weeks from today.

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k 2/2 45_ia_1893.23_in_sa_as.doc Needless to say that the Application for Temporary Injunction shall be decided by the Trial Court on its own merits without being influenced by any of the observations made by this Court in any of its orders. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2024.01.15 15:05:11 +0530 SUDARSHAN RAJALINGAM KATKAM katkam 2/2