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Bombay High CourtCAW/749/2019ca disposed off

Shri. Ajaykumar S/O Manoharlal Through Authorized Poa Vikesh S/O Kailash Joshi v. The Commissioner Nagpur Municipal Corporation

2019-03-14Hon'Ble Shri Justice Manish Pitale2 pages

ca749.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Civil Application (W) No.749/2019 in Writ Petition No.37/2018 (decided) (Shri Ajaykumar s/o Manoharlal Viz Vs. The Commissioner, Nagpur Municipal Corporation, Nagpur.) -------------------------------------------------------------------------------------------------------- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. A.C.Suryawanshi, Advocate holding for Mr.A.M.Quazi, Advocate for the applicant.

Ms.Ashwini Kathane, Advocate for respondent no.1. CORAM : Manish Pitale, J.

DATED : March 14, 2019.

This is an application for extension of interim relief filed on behalf of the applicant, who was the original respondent in the Writ Petition. This application is filed on the basis of liberty granted by this Court while disposing of the Writ Petition by order dated 28.11.2018. 2.

By the said order, this Court had disposed of the Writ Petition directing the trial Court to decide Civil Suit by 15.03.2019 and the temporary injunction in the matter was directed to be continued till the aforesaid date.

3.

It is contended by the learned counsel appearing for the applicant that the issues are to be framed in the proceedings before the trial Court and, therefore, the interim relief needs to be extended. 4.

The learned counsel for the non-applicant

ca749.19.odt (original petitioner) in the Writ petition does not dispute the facts stated about the stage of the proceedings in the suit. In this backdrop, this application is allowed and it is directed that the trial Court shall decide the Civil Suit by 31.07.2019 and the temporary injunction shall continue to operate till 31.07.2019.

5.

It is made clear that the parties shall cooperate with the trial Court for disposal of the suit by the aforesaid date.

6.

Application stands disposed of.

JUDGE ambulkar