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Bombay High CourtCAS/587/2023ca disposed off

Shri Anil Ramnath Sonkusare v. The Collector, Nagpur And Other

2023-05-04Hon'Ble Shri Justice Anil S. Kilor2 pages

1cas 587.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAS) No. 587/2023 IN Second Appeal No. 396/2009 Shri Anil Ramnath Sonkusale ..VS..

The Collector, Nagpur and ors.

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s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Smt. S.W. Deshpande, Advocate for the appellant Mr. K.L. Dharmadhikari, AGP for respondent no. 1 Mr. S.M. Puranik, Advocate for respondent nos. 4, 5 and 8 Mr. R.D. Hajare, Advocate for respondent no. 6a CORAM : A. S. KILOR, J.

DATED : 04/05/2023 This is application for restraining the respondent no. 6a from making construction on the suit plot. 2.

Mr. Hajare, learned Counsel for the respondent no. 6a, who is appointed through High Court Legal Aid SubCommittee, Nagpur, makes a statement that after this Court on last occasion asked him to make a statement by taking instructions to the effect that whether the respondent no. 6a is ready to file an undertaking in the present matter that if she fails in this appeal, she will demolish the construction, if any, made on the suit plot, he could not take the instructions as the respondent no. 6a did not respond.

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1cas 587.2023.odt 3.

In that view of the matter, the construction, if any, made by the respondent no. 6a, would be subject to the result of the present appeal.

4.

It is made clear that the respondent no. 6a cannot claim equity, if she fails in the present appeal. 5.

Mr. Hajare, learned Counsel for the respondent nos. 6a and High Court Legal Aid Sub-Committee, Nagpur are directed to communicate this order to the respondent no. 6a.

6.

Accordingly, the civil application is disposed of. JUDGE SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge SANDIP MAHADEV GATE Date: 2023.05.04 13:10:55 +0530 SMGate