Bombay High CourtCAS/19/2021ca disposed off

Babamiya S/O Rahemumiya v. Smt. Umabai Wd/O Bhaurao Dalal (Deleted) And Others

2021-01-14Hon'Ble Mrs. Justice Swapna Joshi2 pages

14.01.21.cas.19.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (S) NO. 19/2021 in SECOND APPEAL NO. 197/2018 AND CIVIL APPLICATION (S) NO. 523/2018 IN S.A.NO.198/2018 (Babamiyan S/o Rahemuniya Vs. Smt. Umabai Wd/o Bhaurao Dalal & others ) .................................................................................................. ....................

Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .......................................................................................................................................... Mr. S.O.Ahmad, Adv. for applicant/ appellant Mr. N.B. Kalwaghe, Adv. for respondents ORAM : MRS.SWAPNA JOSHI, J.

ATED : 14th January, 2021 The appellant/original plaintiff has filed the present application for grant of temporary injunction. It is contended by the learned Advocate for the applicant that despite the stay granted by this Court on 11th April 2018, the respondents have started construction work at the suit property.

Mr. Kalwaghe, learned Advocate for the respondents submits that since the respondents have received notice from the Municipal Council asking them to erect fencing wall over the suit property, the said construction work has been carried out. It is further submitted that the respondents have no intention to carry out any sort of construction at the suit property.

Adv. Kalwaghe makes a statement on instructions from his clients/respondents that the respondents would not carry out either permanent or temporary construction on the suit property till the

14.01.21.cas.19.21 decision of the Appeal. The statement made by learned counsel is accepted.

Civil Application No. 19/2021 stands disposed of. SECOND APPEAL NOS. 197 & 198 B0TH OF 2018.

Private paperbook be furnished within a period of four months. CAS No.523/2018 in S.A. NO. 198/2018 For the reasons mentioned in the Application, CAS (No) 523/2018 seeking dispensing with certified copy of decree is allowed in terms of its prayer.

JUDGE sahare