Laxman S/O Govinda Gaikwad And Others v. Ramu S/O Govinda Gaikwad And Others

1/2 62.cas.507.2025 in sa.65.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 507 OF 2025 IN SECOND APPEAL NO. 65 OF 2023 (Laxman Govinda Gaikwad (dead) through L.Rs. V/s Ramu Govinda Gaikwad (dead) through L.Rs. & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. C. Dharmadhikari, Advocate for Appellant. Mr. P. S. Wathore, Advocate for Respondent No.1(a). -------------------------

CORAM

: ROHIT W. JOSHI, J.

DATE : MAY 21, 2025.

VACATION COURT .

The present Application is filed by the Appellant, seeking order of temporary injunction restraining the Respondent No.1(a) from making further construction over the suit property. 2.

One of the contentions raised is that construction activity has commenced without obtaining sanction from the Planning Authority.

3.

Mr. Wathore, learned Counsel for the Respondent No.1(a) makes a statement that proper application seeking permission of the Planning Authority will be filed and further construction activity shall be continued only after permission from the Planning Authority is issued. The statement is accepted as an undertaking to the Court.

2/2 62.cas.507.2025 in sa.65.2023.odt 4.

In view of statement made by the learned Counsel for Respondent No.1(a), Civil Application stands disposed of. 5.

Needless to mention that further construction, that Respondent No.1(a) proposes to make, will be subject to final outcome of the Appeal.

(ROHIT W. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 22/05/2025 14:32:01