Govindmaruti Khot And ORS v. Mangal Appaji Kadam And ORS

6 Sa-618-2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7552 OF 2024 IN SECOND APPEAL NO. 618 OF 2015 Shri Govind Maruti Khot and Others.

...Appellants.

Versus

Smt. Mangal Appaji Kadam and Others.

...Respondents.

------ Mr. G. N. Salunke and Mr. Naveen B. Khaire for the Appellant. Mr. Bhooshan Mandlik for the Respondent No. 1 and 2. Mr. Ashok S. Gawai, AGP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : April 10, 2024.

P. C. :

1.

Interim application has been preferred by the Appellant seeking an order of temporary injunction as against the Respondent Nos.1 and 2 from carrying out further construction and construction which has been carried out be subject to the final outcome of the suit. 2.

Learned counsel appearing for the Appellant submits that as regards the the Respondent No.1 by order dated 25th September 2009, a similar order has been passed and requests that the same order be passed qua the Respondent No.2.

Patil-SR 1 of

6 Sa-618-2015.doc 3.

Learned counsel appearing for the Respondents submits that the order of 25th September 2009 came to be passed in view of the affidavit filed by the Respondent No.1 agreeing to the said order being passed. He submits that time may be given to file affidavit-inreply as instructions are required. At his request, stand over to 24th April 2024. Let the affidavit-in-reply be filed before the next date with an advance copy to the other side.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 10/04/2024 19:46:07