Smita Deepak Mondkar And Another v. Maharashtra Housing And Area Developement Authorit

30. civil ao 502-22 & ia 3163-22.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION APPEAL FROM ORDER NO. 502 OF 2022 IN NOTICE OF MOTION NO. ________ OF 2022 IN L.C. SUIT NO. 1038 OF 2022 WITH INTERIM APPLICATION NO. 3163 OF 2022 Smita Deepak Mondkar & Anr.

.. Appellants

Versus

Maharashtra Housing And Area Development Authority .. Respondent ....................

 Mr. Prashant Surve for the Appellant  Ms. Neha Bhide for the Respondent ...................

CORAM

: MILIND N. JADHAV, J.

DATE : MAY 10, 2022 (Vacation Court) P.C.

:

1.

Heard.

2.

Perused the order dated 29.04.2022.

3.

The Appellant - original Plaintiff has filed L.C. Suit No. 1038 of 2022 before the trial court. It is urged by the Appellant that the aforesaid suit was placed before the trial court on 26.04.2022, 27.04.2022 and 29.04.2022. On all the three dates, the Appellant being the Plaintiff in the suit desired to seek ad-interim relief, however on all the three dates, the suit was adjourned for the reasons stated in

30. civil ao 502-22 & ia 3163-22.doc the order. Being aggrieved, the Plaintiff has filed the present AO to challenge the order dated 29.04.2022.

4.

Ms. Bhide, learned Advocate appearing for the MHADA has fairly submitted that MHADA is in the process of filing its reply in the proceedings before the trial court and required four weeks time to file the same.

5.

In view of the above, it is directed that no coercive steps shall be taken by MHADA against the Appellant for a further period of six weeks from today.

6.

On MHADA filing its reply in the aforesaid proceedings before the trial court, the Appellant will be entitled to file her rejoinder within a period of two weeks thereafter. The trial court is directed to hear the parties thereafter for ad-interim / interim relief and pass appropriate orders.

7.

In view of the above, the Appeal from Order as well as Interim Application are disposed of .

[ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date: 2022.05.12 12:11:50 +0530 RAVINDRA MOHAN AMBERKAR