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Bombay High CourtWP/6589/2016dismissed for noncomplying conditional order

Shri. Bhalchandra Jagan Koli And ORS v. Narayan Ramchandra Koli And ORS

2016-06-15Hon'Ble Shri Justice K.K. Tated2 pages

pr11 wp6589-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6589 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Priyanka S. Thakur for the petitioner CORAM : K. K. TATED, J.

DATE : JUNE 15, 2016 P.C.:

Not on board. At the request of Advocate for the petitioner, matter is taken on board for urgent orders.

The learned counsel for the petitioner submits that the respondent in violation of the consent terms/decree started construction activity on their suit property. Hence, there is urgency. Considering the submissions made by the learned counsel for the petitioner and as Trial Court passed the order on Exhibit 'A' for issuing notice to the respondent under Order XXI Rule 22 of the Civil Procedure Code, 1908, following order is passed:

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pr11 wp6589-16 a) Office is directed to issue notice before admission to the respondents, returnable after five weeks.

b) In addition to usual mode of service, petitioner is permitted to serve Respondents by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

c) Petitioner to remove all office objections within three weeks from today, failing which Writ Petition shall stand dismissed without referring back to the court.

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