Disposed

Nayeeman Khantoon Abdul Gaffar Ansari v. Sangeeta Sanya Pattekar and Othrs

Bombay HC17 Oct 2007CAF/3689/2007

Case brief

AI extract

What is this about?

Court disposed of civil application by granting consensual relief on noise, fan usage, and electricity charges, placing stay on execution of earlier order.

What did the court decide?

Relief on consensual terms: TV/music up to 11.00 PM, small hanging fan allowed, respondents to provide switchboard extension, appellant to share 50% electricity charges.

Nayeeman Khantoon Abdul Gaffar Ansari Vs Sangeeta Sanya Pattekar and Othrs — Bombay HC (2007) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION

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CIVIL APPLICATION NO.3689 of 2007

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FIRST APPEAL NO.626 of 2004

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Nayeeman Khatoon Abdul Gaffar Ansari ...Applicant v/s.

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1(a) Smt. Sangeeta Sanya Pattekar & ors. ...Respondents Mr. S.G.Vakil for the Applicants Mrs. A.R.Khanna for the Respondents

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CORAM : ANOOP V. MOHTA,J. DATED : 17th October, 2007

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P.C.

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. The appellant to supply private paper book within four weeks. Appeal is expedited and be listed

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for hearing subject to removal of office objections if any after 10 weeks. High on Board.

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2.	The	interim order was	grante	d initially on
8-6-2004. On	29-6-	2004 the	appel	lant was	dire	cted	to
file private paper	book	within t	wo	months	which	was	not
complied with.		On 1-9-2004	the	papers	were		produced
and time to file	pape	r book w	as	extended	by	eight	weeks
that resulted	in	continuation	of	interim	order		also.
The learned	counse	l appearing	for	the	responde	nt	has
submitted that ma	tter	infact stood		dismissed	on	the	day
when the ex	tension	was sought.		Anyhow	witho	ut	going
into that con	troversy	at this	st	age of	the	pro	ceedings
as the Court	has	granted and	ext	ended the	time	but	the
fact just cannot	be	overlooked	also,	however,	as	I	am

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fixing this matter for final hearing, I am not inclined

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to pass any order to that effect.

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In the result,therefore, at present there is

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a stay of execution. The stay of execution to continue

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till final hearing of the present appeal. Therefore,

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stay application is disposed of accordingly.

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There is an application filed by the

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respondent	s/original	plai	ntiff	to	v	acate the	order
passed	by	this	Court on	10-9-2	004	of granting	the
extension.		The	alternative	pra	yers	are to fix	the
matter	for	early	hearing	which	I	have already	recorded
and	granted	above.	The	anot	her	prayer is for	an
injunction.		After	hearing	both	the	parties, I	am

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granting following order, by consent of both the

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parties.

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O R D E R

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	(i)	to	keep the	tele	vision	or	music	on upto
11.00	p.m.	onl	y and	in	any	ev	ent it	should
not		disturb			the			others.

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	(ii)	the	appellant is ent	itled t	o kee	p a
small	hanging	fan	on the wall	only	and	not
to u	se any	table	fan in the	suit	p	remises.
The	Responde	nts	will provide	exte	nsion	of
one	switchboar	d for	light and	fan	from	the
switchboard	insi	de	the room		within	two
weeks.	The	appell	ant shall use	the	same	for
domestic			purpose			only.
	(iii)	the	appellant shall	share	50%	charges
of	the	electricit	y connection	from	the	date
of			electric		e	xtension.
	(iv)	Both	the parties	to	cooperate	each
other.
	(v)	Civil	application no	.	3689/200	7 is
accordingly	disp	osed	of in view		of	above
order	basica	lly	prayer	clause		(d)&(e)
subject	to	above	modification.	No	order	on
other						prayers.

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[ANOOP V. MOHTA,J.]

Nayeeman Khantoon Abdul Gaffar Ansari v. Sangeeta Sanya Pattekar and Othrs

Case brief

What is this about?

What did the court decide?

Nayeeman Khantoon Abdul Gaffar Ansari v. Sangeeta Sanya Pattekar and Othrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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