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Bombay High CourtAO/565/2019dismissed

M/S.Karan Group Buildersanddevelopers Thr.Its Partner M.B.Oza Thr.Its Coa.Mr.Mohd.Nasir S.A.Shaikh v. Dindoshi Vrindavan C.H.S. Limited And ANR

2019-05-02Hon'Ble Shri Justice K.K. Tated2 pages

aost10281-19(1).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.10281 OF 2019 WITH CIVIL APPLICATION (ST.) NO.10282 OF 2019 Karan Group Builders and Developers & Ors.

.. Appellants vs.

Dindoshi Vrindavan C.H.S. Ltd. & Ors.

.. Respondents Mr.Manoj S. Singh i/b M/s.MKS Legal Associates for the appellants Mr.S.A.Sawant i/b Mr.Heramb S. Kadam for the respondent no.1 Mr.A.R.Shaikh i/b M/s.ASD Associates for the respondent no.2 CORAM : K. K. TATED, J DATE : MAY 2, 2019 P.C.:

1.

On 24th April, 2019, the matter was closed for orders and accordingly, the order was passed on May 2, 2019. The following paragraphs be read in continuation of Mohite 1/2

aost10281-19(1).doc paragraph no.29 of the said order dated May 2, 2019. At this stage, the learned counsel for the appellant seeks stay for some time. The same is vehemently opposed by the learned counsel for the respondent no.1.

The learned counsel for the respondent no.1 submits that they have already vacated the suit premises, some time in June 2018. Thereafter, the Respondent No.2 developer already demolished the same. Therefore, there is no question to continue any interim relief.

Considering the fact that the respondent has already vacated the premises and the same is already demolished, I do not find any reason to continue any interim relief. Hence, oral request made by the learned counsel for the appellant is rejected.

(K.K.TATED, J.) Mohite 2/2