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Bombay High CourtAO/826/2024disposed off

Mr. Shamsheed Ahmed Ansari v. Smt. Rehana Bi Khurshid Alam Ansari

2024-11-27Hon'Ble Shri Justice Farhan Parvez Dubash2 pages

18.AO.826.2024.doc by ANANT KRISHNA NAIK Date:

2024.11.28 11:48:59 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 826 OF 2024 WITH INTERIM APPLICATION NO. 14964 OF 2024 Mr. Shamsheed Ahmed Ansari ...Appellant/Applicant

Versus

Smt. Rehana Bi Khurshid Alam Ansari

...Respondent

**** Mr. Shubham Mishra for the Appellant.

Ms. Suchita Pandey i/b. Mr. Rahul Pandey for the Respondent **** CORAM :

M. M. SATHAYE, J.

DATED :

27th NOVEMBER 2024 P.C.:

1.

Matter is circulated for urgent ad-interim relief. 2.

Learned Counsel for the Appellant has placed on record certain photographs asserting that the Respondent is carrying out construction on the encroached portion. The suit is filed for recovery of possession of encroached portion and declaration of the Respondent as trespasser. The motion is at ad-interim stage.

3.

Learned Counsel for the Respondent submits that service was effected yesterday evening and accommodation is sought. She submits that the Advocate on record is out of station.

4.

Perused the impugned order.

5.

At the request of learned Counsel for the Respondent, stand over to akn 1/2

18.AO.826.2024.doc 09/12/2024.

6.

If the Respondent proceeds with the construction till the next date, the Respondent will not be able to claim any equity for such construction, at the time of hearing of the Appeal from Order.

7.

Learned Counsel for the Appellant is directed to make sure that entire compilation is served upon the Respondent by the end of the day. (M. M. SATHAYE, J.) akn 2/2