Rajesh S/O Awadhut Raghute v. Kirtihdar Co-Op. Housing Society, Through Its Secretary, Shri Jitendra Hiwarkar And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR APPEAL AGAINST ORDER NO.90/2014 Rajesh s/o Awadhut Raghute ..Versus..

Kirtidhar Co-operative Housing Society, through its Secretary and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 2.3.2015 Heard Shri R.A. Gupte, the learned advocate for the appellant. None appears for the respondents.

Admit.

C.A.A. NO.99/2014.

If the respondents file an undertaking before this Court within four weeks, stating that if the appellant/plaintiff succeeds the respondents will not claim any equities in view of construction

2 ao90.14 undertaken by them, then the respondents are permitted to undertake the construction. If the respondents fail to file undertaking within the stipulated time before this Court, there shall be interim injunction in terms of prayer clause (i) of the civil application which reads as follows :- "i) grant temporary injunction against the respondent restraining them, their agents, or anybody acting through them from carrying out any construction on the suit plot during the pendency of appeal."

The respondents will not create third party interest in the suit property without seeking leave of the trial Court. The civil application is allowed in the above terms. JUDGE Tambaskar.