Munirul Aziz Khalid S/O. Abdul Aziz Thr. P.O.A. Holder, Fauz Misabahul Aziz And ANR. v. Gousiya Labour Co-Op. Housing So. Ltd., Nagpur Thr. President, Suryakant G. Thakur And ORS.

1 42.wp.2659.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.2659/2025 Munirul Aziz Khalid s/o. Abdul Aziz and Anr.

Vs.

Gousiya Labour Co-operative Housing Society Ltd., Nagpur and Ors. ................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Mr. S. S. Ghate, Advocate for Petitioner.

Ms K. R. Lule, A.G..P for Respondents/State.

CORAM :

MRS. VRUSHALI V. JOSHI, J.

DATED :

16.05.2025 1.

Heard.

2.

The petitioners have challenged the order passed by the Trial Court in R.C.A. No.156/2018. The Civil Suit filed against the petitioners was dismissed and in 2018 the Appeal was filed against the said judgment. 3.

The application for temporary injunction was filed by the respondent No.1 which was allowed by the Trial Court, restraining the petitioners from carrying out any construction.

4.

The learned Counsel for the petitioners has stated that, only on the basis of the photographs, the injunction was granted not to carry the construction and no points are framed.

5.

The learned Counsel for the petitioners, from the record has pointed out that the photographs on which the Court has relied do not show that there is any construction going on.

6.

Considering the record and the submissions made by the petitioners and as no construction is going on

2 42.wp.2659.25.odt and the injunction is granted by the Trial Court, the order passed by the Appellate Court is required to be stayed. 7.

Hence, the order passed on 09.05.2025 by the Appellate Court in R.C.A. No.156/2018 is stayed till next date.

8.

Issue notice to the respondents, returnable on 19.06.2025.

9.

Mr. K.R. Lule, learned A.G.P. waives service of notice for respondents/State.

(MRS.VRUSHALI V. JOSHI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 17/05/2025 12:49:30