Shri. Rajesh Prataprai Khanwani v. Ulhasnagar Municipal Corporation Thr. Its Commissioner

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 220 OF 2023 Rajesh Prataprai Khanwani & Anr.

..Applicants.

Versus

Ulhasnagar Municipal Corporation & Anr.

..Respondents __________ Mr. Monish Bhatia a/w. Vaibhavi Parchake for Applicants. Mr. Vijay Patil for Respondents.

Ms. Minal Chandnani for Intervenor.

__________ CORAM : SARANG V. KOTWAL, J.

DATE : 21 APRIL 2023 PC :

1.

This matter is taken on the production board because of the urgency mentioned by learned counsel for the Applicants. 2.

The Applicants have approached this Court for setting aside the order dated 12/04/2023 passed below Exhibit-51 in Special Civil Suit No.184 of 2021 before the Civil Judge, S.D., Kalyan. The impugned order does not say anything further except VINOD BHASKAR GOKHALE as follows - VINOD BHASKAR GOKHALE Date: 2023.04.21 18:49:11 +0530 "Call say of other side."

3.

The Applicants' application U/s.151 of the C.P.C. for directions to the Defendants to maintain status-quo is pending before the Trial Court. The Applicants are the Plaintiffs in that suit. Though the relief claimed in this application cannot be granted and the other side cannot be prevented from filing their say; but since that application is pending before the Trial Court, in the interest of justice, status-quo can be granted till that application is decided.

4.

I am informed by both the parties that the said application is posted for further consideration on 24/04/2023. 5.

Learned counsel for the Respondent No.1 states that the Applicants' another application for interim injunction is also directed to be placed on 24/04/2023. That application is filed below Exhibit-54.

6.

Considering this situation, the Trial Court is requested to take up both the applications i.e. Exhibit-51 and Exhibit-54 on 24/04/2023 and decide both the applications, as far as possible, within a period of 10 days from today. Till the decision of those applications, parties shall maintain status-quo.

7.

All the contentions of all the parties are left open. 8.

With these directions, the application is disposed of. (SARANG V. KOTWAL, J.)