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Bombay High CourtCAO/1312/2014admittedallwdgrantedrule absolute

M/S Sarvadhna Constructions Through Prop. Nanda W/O Yuvraj Bobade Through Its P.O.A Vikrant Y. Bobd v. Ravi S/O Rajgopal Mudliyar (Patel) And Others

2015-01-16Hon'Ble Shri Justice A.P. Bhangale2 pages

161cao1312.14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (C.A.O.) No.1312 of 2014 in MCA St. No.19506 of 2014 in Writ Petition No.4265 of 2014 (D) (M/s. Sarvadhna Constructions through Proprietor Sau. N.Y.Bobde .vs. Ravi s/o. Rajgopal Mudliyar (Patel and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: A. P. BHANGALE, J.

DATE : 16.1.2015.

Civil Application No.1312 of 2014 Heard.

For the reasons stated therein, the Civil Application is allowed. Delay is condoned.

Misc. Civil Application St. No.19506 of 2014 Heard Mr.V.R.Thote, learned Counsel for the applicant.

According to the learned Counsel for the applicant, in fact, interim injunction was granted till decision of the suit in Writ Petition No.4265 of 2014. In the absence of the respondent, after hearing the petitioner, on the basis of statement made by him, the order dt.11.8.2014 was passed whereby the petition itself was disposed of. According to the learned Counsel for the applicant, there was a misleading statement made by the petitioner and therefore, though, in fact, interim injunction was granted

161cao1312.14 2/2 till final decision of the suit, the petition was disposed of without notice to the respondents.

Considering photocopy of the order in Regular Civil Suit no.552 of 2014 below Exh.5 passed in the Court of Civil Judge (Sr.Dn.), Nagpur, the respondents need to answer the application. Hence, issue notice returnable on 30.1.2015.

JUDGE *jais