Shri Amit Gajanan Thite v. 1. M/S. Unique Properties And Anrs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.804 OF 2013 IN SECOND APPEAL NO.283 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.
Mr.T.D.Deshmukh for the applicant
CORAM
: K.K.TATED, J.
DATED : 28/08/2015 PC:
Heard the learned counsel for the applicant.
Though respondent nos.1 to 5 are duly served, no one appeared on behalf of them when the matter was called out.
In this application, this court (Coram:
R.G.Ketkar, J.) by order dated 2.5.2014 granted ad-interim relief in terms of prayer clause (c), (d) and (e).
Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for confirmation of ad-interim relief granted by this court. Hence, Civil Application is allowed in terms of prayer clause (c), (d) and (e) in Civil 1/3
Application which read thus:
"(c) This Hon'ble Court may kindly be pleased restrain the Opponent No.1 to 4 and / or their agents from creating any third party rights in open plot of land bearing no.8 (in group A as per the proposed layout equivalent to Survey no.113/4/1A/1/22(as per the revenue record admeasuring about 3 Ares forming part of Survey no.113, Hissa no.4/1A situated at village Wakad, Taluka Mulshi, District Pune;
(d) This Hon'ble Court may kindly be pleased restrain the Opponent No.1 to 4 and / or their agents from carrying out construction and / or changing the nature of open plot of land bearing no.8 (in group A as per the proposed layout) equivalent to Survey no. 113/4/1A/1/22 (as per the revenue records) admeasuring about 3 Ares forming part of Survey no.113, Hissa no.4/1A situated at village Wakad, Taluka Mulshi, District Pune;
(e) This Hon'ble Court may kindly be pleased restrain the Opponent No.1 to 4 and / or their agents from carrying out construction and / or their agents from utilising the FSI of open plot of land bearing no.8 (in group A as per the proposed layout) equivalent to Survey 2/3
no. 113/4/1A/1/22 (as per the revenue records) admeasuring about 3 Ares forming part of Survey no.113, Hissa no.4/1A situated at village Wakad, Taluka Mulshi, District Pune."
Civil application stands disposed off accordingly.
(K.K.TATED, J.) 3/3