Sau. Meenadevi W/O. Prakash Bagade v. Sunil S/O. Sadashiv Zanak And Others

37-AO-24-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

APPEAL AGAINST ORDER NO.24 OF 2016 Meenadevi w/o Prakash Bagade -vsSunil s/o Sadashiv Zanak and ors.

------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. S. Kilor, Advocate for appellant.

Shri A. M. Ghare, Advocate for respondent No.3. CORAM : A.S.CHANDURKAR, J.

DATE : January 13, 2017 In view of notice for final disposal issued earlier, appeal is taken up for final hearing.

The appellant is aggrieved by the order passed by the first appellate Court in R.C.A. No.29/2015 whereby the application for grant of temporary injunction preferred by the applicant has been rejected. After hearing the respective counsel, it is evident that this Court on 21/03/2016 has passed an interim order making the construction, if any, carried out by the respondents to be at their own risk. As the appeal is pending before the appellate Court, the interests of justice would be served if the said direction is continued and the appeal is directed to be decided on merits. Hence without going into the merits of the matter, the following order is passed :

R.C.A.No.29/2015 is directed to be decided

37-AO-24-16 2/2 expeditiously and by the end of April 2017.

The ad interim order granted on 21/03/2016 shall continue to operate without prejudice to the rights and contentions of either of the parties.

The appeal shall be decided on its own merits without being influenced by continuation of the interim directions.

Appeal is disposed of with no order as to costs. JUDGE Asmita