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Bombay High CourtCAC/512/2015

Lal Shah Baba Dargah Trust v. Magnum Developers And ORS

2015-10-14Hon'Ble Shri Justice R.M. Savant.2 pages

CAC-512-15.doc 14.10.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.512 OF 2015 IN CIVIL REVISION APPLICATION NO.395 OF 2015 Lal Shah Baba Dargah Trust Kondi Galli, Tawripada, Lal Baugh, Mumbai-12, through its Mutawalli Mohammed Haroon z/o Fazal Ur Rehman Shaikh .. Applicant (Org. Respondt)

IN THE MATTER BETWEEN

Magnum Developers and others .. Applicants

Versus

Lal Shah Baba Dargah Trust Kondi Galli, Tawripada, Lal Baugh, Mumbai-12, through its Mutawalli Mohammed Haroon z/o Fazal Ur Rehman Shaikh .. Respondent Mr. Sharique Nachan i/by Judicare Law Associates, for the Applicant/ original Respondent.

Mr. Ajay Panicker i/by Ajay Law Associates, for the Respondents/ original Applicants in Civil Revision Application. CORAM : R.M. SAVANT, J.

DATE : 14th OCTOBER, 2015 P.C.

1.

The above Civil Application has been filed for continuation of BGP.

CAC-512-15.doc 14.10.2015 the ad-interim order which was operating in the above Civil Revision Application No.395 of 2015 which was continued at the time of the disposal of the Civil Revision Application. Against the judgment and order dated 11th September 2015 passed by a Learned Single Judge of this Court R. G. Ketkar, J disposing of the above Civil Revision Application, the original Respondent i.e. the Applicant in the Civil Application has filed a Special Leave Petition in the Apex Court which is to come up before the Apex Court in the week commencing 2nd November 2015. It is in view thereof that the extension of the ad-interim order is sought. The said extension is sought to be opposed by Mr. Ajay Panicker the Learned Counsel appearing for the original Applicant in the Civil Revision Application.

In view of the fact that the Applicant has already filed a SLP in the Apex Court and since the SLP would be listed before the Apex Court in the week commencing 2nd November 2015, in my view, it would be just and proper to extend the ad-interim order by a period of two weeks from 23rd October 2015. The Civil Application is allowed to the aforesaid extent and to accordingly stand disposed of.

[R.M. SAVANT, J] BGP.