Mohammed Shamshuddin Inamdar Thr Poa Vijaykumar Devraj Mehta v. Amba Nagari Cooperative Society Limited Thr. Chairman
38 WP.6378.2023 AS.doc Digitally signed by RUSHIKESH VISHNU PATIL Date:
2023.08.03 12:53:04 +0530 RUSHIKESH VISHNU PATIL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6378 OF 2023 Mohammed Shamshuddin Inamdar
...Petitioner
Versus
Amba Nagari Cooperative Society Limited
...Respondent
**** Mr. T. D. Deshmukh a/w Ms S. S. Mohanty, Mr. H. D. Chavan & Mr. Anshuman Deshmukh, for the Petitioner.
Mr. Ashwin Shete i/b Jayakar & Partners, for the Respondent. **** CORAM : SHARMILA U. DESHMUKH, J.
DATE : 31st JULY, 2023.
P.C.:
.
Heard.
2.
The challenge in the petition is to the order dated 29th April, 2023 granting stay to the effect and implementation of the order passed on Exhibit 5 and further restraining the original plaintiff from entering into the suit property till the next date. The impugned order is an ad-interim order and a show cause notice has been issued as to why the interim relief claimed by the applicant should not be confrmed.
R.V. Patil
38 WP.6378.2023 AS.doc 3.
Learned Counsel appearing for the parties informed this Court that the matter is fxed before the Appellate Court on 19th August, 2023. This Court by order dated 19th May, 2023 has granted an ad-interim stay to the second part of the order that is restraining the original plaintiff from entering into the suit property till the next date.
4.
Without going into the merits of the matter, in my opinion, it would be in the interest of justice if the Appellate Court hears the appeal on 19th August, 2023 and decides the same expeditiously and in any event within a period of three weeks from 19th August, 2023. It is made clear that no adjournment will be sought by the parties on 19th August, 2023.
5.
The ad-interim stay which was granted to the second part of the order is extended till 19th August, 2023. The writ petition stands disposed of in the above terms.
(SHARMILA U. DESHMUKH, J.) R.V. Patil