Ayub Adam Hodekar v. Anwar Ismail Majgaonkar And ORS.

909-cas716-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.716 OF 2016 IN SECOND APPEAL NO.568 OF 2016 Ayub A. Hodekar ...Applicant V/s.

Anwar I. Majgaonkar & Ors.

...Respondents

Mr.Sachindra Shetye for the Applicant.

Mr.Kapil Shetye for the Respondent No.1.

Ms.Ruchita Kadam i/b Mr.Samir Suryavanshi for the Respondent No.3.

CORAM : R.D. DHANUKA, J.

DATE : 21ST DECEMBER, 2016.

P.C. :- 1.

Rule. Learned counsel appearing for the respondent no.1 and the respondent no.3 waive service.

2.

By a separate order passed by this Court, Second Appeal No.568 of 2016 is admitted on the substantial questions of law formulated by this Court. I have heard the learned counsel for the applicant and for the respondent nos.1 and 3. The applicant has made out a case for grant of interim relief in terms of prayer clause (a). The civil application is accordingly made absolute in terms of prayer clause (a).

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909-cas716-16 3.

The applicant shall not carry out any further construction in the suit property without obtaining prior permission from the Grampanchayat or without the requisite permission from the competent authority before carrying out the construction. No order as to costs.

(R.D. DHANUKA, J.) 2/2