Mr. Madhukar Shankar Jogdand v. Goodluck Co-Operative Housing Socieyt Limited

Megha 6_caf_3886_2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3886 OF 2019 IN FIRST APPEAL NO.1807 OF 2019 Madhukar Shankar Jogdand ...Applicant

Versus

Goodluck Co-op. Housing Society Ltd. and Ors.

...Respondents

...

Mr. Anand Mishra i/b. Mr. Ashok M. Saraogi for the Applicant. Mr. J.S. Yadav i/b. Mr. S.B. Shukla for Respondent No.1. Mr. Santosh Parad Respondent No.2-MCGM.

Mr. G.B. Walawalkar i/b. Mr. S.P. Thorat for Respondent No.3. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th SEPTEMBER, 2022.

P. C. :- The Applicant herein has sought to restrain the Respondents from causing any obstruction to the repairs being carried out in his premises. The Suit fled by the Applicant was to restrain the Respondents from carrying out any construction in the open space. The relief sought by the Applicant in this application has absolutely no nexus with the relief in the Suit. Since the interim relief is not in aid of or ancillary to the main relief, the same cannot be granted. Hence, the application is dismissed. (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by MEGHA S PARAB Date:

2022.09.19 18:34:05 +0530 1/1 MEGHA S PARAB