Mr. Shriram Shinde v. Maharashtra Housing And Area Developemt Board And ORS.

ssk 1/1 CA 894/16 in FA 629/16-20/4/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 894 OF 2016 IN FIRST APPEAL NO. 629 OF 2016 Shriram Shinde ... Applicant vs.

Maharashtra Housing and Area Development Board and ors.

... Respondents Mr. Vineet Naik i/by Omkar Kulkarni, Advocate for the applicant. Mr. Y. E. Momin i/by Manisha B. Gawde, Advocate for respondent no.1.

Mr. S. P. Thorat, Advocate for respondents no.2 and 3. Coram : Smt. R. P. SondurBaldota, J.

Date : 20th April, 2016.

P.C.

By this civil application the applicant seeks interim injunction to restrain respondent no.3 from demolishing the suit premises i.e. Room no.20 and/or inter alia dispossessing the applicant from the suit premises except by due process of law. The relief as sought cannot be granted in view of the order on Civil Application No.826 of 2016 in First Appeal No.628 of 2016 and interim order dated 27th April, 2012 passed in Appeal No.728 of 2011, which was in operation during the pendency of the suit. Hence, the civil application is dismissed.

[Smt. R. P. SondurBaldota, J.]