Mr. Dalpatsingh Virsinh Rathod v. Mr. Amrutsingh Virsinh Rathod And ORS.

32 CA 4216-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4216 OF 2017 IN FIRST APPEAL NO. 664 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s orders.

Bhavna Anklesaria for the Applicant.

CORAM: K.K.TATED, J.

DATED : OCTOBER 15, 2019 P.C.

1 Heard.

2 By this Civil Application, the Applicant/Original Defendant No.1 is seeking to stay the operation and implementation of the Judgment and decree dated 24/12/2014 passed by the Learned Civil Judge, Senior Division, Dadra and Nagar Haveli, Silvasa in Special Civil Suit No. 22/2013 restraining the Appellant from carrying out any construction activities on the suit property without obtaining lawful permission from the competent Authority.

The Applicant is also seeking an order of injunction restraining the Respondents from obstructing the Applicant in carrying out Laxmi 1/2

32 CA 4216-17.doc construction on the suit plot bearing No. 664 at Naruli, Dadra and Nagar Haveli, Silvassa Union Territory. Prayers made in Civil Application are in the form of final disposal of the First Appeal itself and that cannot be granted.

3. Hence, the following order:

a. Civil Application stands dismissed.

b. No order as to costs.

(K.K.TATED, J.) Laxmi 2/2