The Commissioner, Ahmednagar Municipal Corporation v. Karachiwala Brothers Family Trust

1 ao st 34862.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER STAMP NO. 34862 OF 2013 The Commissioner, Ahmednagar Municipal Corporation .. Appellant

Versus

Karachiwala Brothers Family Trust .. Respondent Shri Kishor N. Lokhande, Advocate for the Appellant. Shri Dawalkar, Advocate h/f Mrs. Charuta S. Deshmukh, Advocate for the Respondent.

CORAM : S. V. GANGAPURWALA, J.

DATE : 15TH SEPTEMBER, 2015.

PER COURT :

.

The present appeal from order is filed against the order dated 22nd July, 2013 restraining present appellant from initiating any coercive action against present respondent till final decision of appeal. The said order is in force since 22nd July, 2013. It is submitted that, the regular civil appeal before the lower appellate Court is ripe for hearing.

2.

Considering the fact that, said order is in force till now. It would be appropriate to get the appeal decided on merits. In the light of the above I pass following order.

2 ao st 34862.13 3.

The appeal from order is disposed of. The District Court where R.C.A. No. 107 of 2013 is pending shall endeavour to dispose of appeal on its own merits expeditiously and preferably within a period of one year from today. In case the paper book is not prepared, present respondent shall file the private paper book within a period of six (06) weeks from today. No costs. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 15