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Bombay High CourtWP/2688/2015disposed off

Navabulla Garibulla Pathan v. The Uran Municipal Council

2015-03-16Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice A.P. Bhangale2 pages

wp-2688.15.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2688 OF 2015 Navabulla Garibulla Pathan Petitioner Vs.

The Uran Municipal Council Respondent Mr. Uday P. Warunjikar i/by Mr. Sachin K. Hande, for the Petitioner. Mr. Niranjan Mogre, for the Respondent.

CORAM:

A.S. OKA & A.P. BHANGALE, JJ.

DATE:

16th MARCH, 2015 P.C.:- Not on board. Taken on board.

.

Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the Respondent. The learned counsel appearing for the Petitioner states that he will move the Court dealing with the Second Appeals for appropriate ad-interim relief. He submits that to enable him to do so, the Respondent - Council be restrained from implementing the notice dated 12th March, 2015 (Exhibit M to the Petition).

2.

Hence, we dismiss the Petition as withdrawn. To enable the Petitioner to move the appropriate Court dealing with the Second

wp-2688.15.doc Appeals, we direct that no further steps shall be taken on the basis of the notice dated 12th March, 2015 for a period of two weeks from today. We make it clear that the prayer for ad-interim relief or interim relief in the Second Appeal shall be decided on its own merits without being influenced by the limited protection granted by this Court in this Writ Petition.

3.

All contentions of the parties in the Second Appeal are kept open.

(A.P. BHANGALE, J.) (A.S. OKA, J.)