Smt. Shashikant Dattu Gurav v. Satara City Municipal Council, Satara

(10)-WP-4089-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.04.11 17:03:53 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.4089 OF 2022 WITH INTERIM APPLICATION 2223 OF 2022 Smt. Shashikala Dattu Gurav ..Petitioner

Versus

Satara City Municipal Council, Satara ..Respondent Mr. Akshay Dunde a/w Sonali Bhosale i/by Expert Jurist LLP, for the Petitioner.

Mr. Prabhanjan Gujar, for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 11th APRIL, 2022 P.C.

1.

This petition is by the plaintiff questioning the order of the Appellate Court passed in MCA No.93 of 2020. 2.

Perused the order impugned dated 7th January, 2022, which reads thus :- "01. Appeal is allowed with costs.

02.

The order passed below application Exh.5 in Regular Civil Suit No.547 of 2019 dated 28.07.2020 by 4th Jt. Civil Judge, Jr. Dn., Satara is set aside and modified as under:

A.

Defendant is restrained from dispossessing plaintiff or demolishing the structure on suit property BGP.

(10)-WP-4089-22.doc.

without following due process of law.

03. Application Exh.5 in Regular Civil Suit No.547 of 2019 stands disposed of accordingly.

04. Decree be drawn accordingly."

3.

Having regard to the relief claimed and granted vide impugned order, I hardly see any reason which warrants interference.

4.

The petition as such stands dismissed.

5.

In view of disposal of Writ Petition, Interim Application also stands disposed of.

[NITIN W. SAMBRE, J.] BGP.