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Bombay High CourtMCA/362/2017allowed

Shri. Vithurai Babli Naik Haldankar., v. Dy. Commissioner, Corporation Of City Of Panaji And 4 ORS.,

2017-11-06Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 362 OF 2017 IN FIRST APPEAL NO. 3 OF 2017 SHRI. VITHURAI BABLI NAIK HALDANKAR., ... Applicant

Versus

DY. COMMISSIONER, CORPORATION OF CITY OF PANAJI AND 4 ORS., ... Respondents Mr. A. V. Pavitran, Advocate for the applicant. Mr. Pranay A. Kamat, Advocate for the respondent no.1. Coram:- C. V. BHADANG, J.

Date:- 6th November 2017 P.C.

This is an application for expediting the First Appeal.

2. The challenge in the First Appeal is to the order of rejection of plaint, in which the plaintiff has sought injunction against the alleged illegal construction.

3. Considering the fact that the order challenged is one of rejection of plaint under Order VII, Rule 11 of C.P.C. and further considering the no objection on behalf of the respondent no.1, the application is allowed. First Appeal to be added to the final hearing Board in the second week of December, 2017. C. V. BHADANG, J.

MCA/362/2017 SMA