Bombay High CourtCAF/913/2016

Mr. Suryabali Ramkuber Chauhan . v. Brihanmumbai Municipal Corporation And ANR.

2016-03-18Hon'Ble Smt. Justice R.P. Sondurbaldota2 pages

Rane * 1/2 * CAF-913-2016.doc (sr. no.24) Friday,18.3.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 913 OF 2016 IN FIRST APPEAL NO. 124 OF 2002 Suryabali R. Chauhan .......Applicant V/s.

Vaishali Co-op Hsg. Co. Ltd & Ors.

......Respondent * * * * * * Mr. Amol P. Mhatre, Advoate for the applicant. Mr. Kiran Jain a/w. Ms. Neeta Solanki i/by. Kiran Jain & Co., Advocate for respondent no.1.

Ms. Meena Bhoir, Advocate for BMC.

Coram :- Coram :- Smt. R.P. SondurBaldota, J.

Smt. R.P. SondurBaldota, J.

18th th March, 2016.

March, 2016.

P.C. :- P.C. :- 1).

This Civil Application is for interim injunction to restrain respondent no.1 from obstructing and/or disturbing possession of the applicant of the suit shed and for direction to respondent no.1 to maintain the status-quo. Respondent no.1 to the Civil Application is a Society who is respondent no.2 to the main appeal. The Civil Application has been taken out on the basis of the order dated 14th February, 2002 on Civil Application No. 3436 of 2001, by which according to the applicant, his possession stood protected. Perusal of the record, however, shows

Rane * 2/2 * CAF-913-2016.doc (sr. no.24) Friday,18.3.2016 that, the order dated 14th February, 2002 was only an ad-interim order which stood vacated on dismissal of the Civil Application on 27th February, 2006. The present Civil Application does not even disclose this fact. The Civil Application is therefore dismissed. (SMT. R.P. SONDURBALDOTA, J) (SMT. R.P. SONDURBALDOTA, J)