Dismissed

Jagdish J. Nathvani and Ors. v. State of Maharashtra and Ors.

Bombay HC3 May 2011CAA/367/2011

Case brief

AI extract

What is this about?

CIVIL APPELLATE JURISDICTION This court declined to entertain the appeal arising from an interlocutory order regarding an ad-interim injunction and status-quo on a suit property, upholding the previous status-quo for an additional period.

What did the court decide?

Appeal dismissed; status-quo continued until decision of application below exhibit-5, extendable by two weeks if decision adverse.

Jagdish J. Nathvani and Ors. Vs State of… — Civil Procedure and Limitation | Bombay HC (2011)

AO670_09

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER NO. 670 OF 2009 WITH

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CIVIL APPLICATION NO. 367 OF 2011 WITH

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CIVIL APPLICATION NO. 839 OF 2009

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Jagdish J. Nathvani and others ... Appellants Versus State of Maharashtra and others ... Respondents

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Mr. Vaibhav Joglekar i/b. Mr. S. S. Kanetkar for Appellants. Mr. S. S. Kulkarni for Respondent Nos. 36, 37 and 40. Mr. Vijay Patil for Respondent No. 5. Mr. Pankaj Das for Respondent No. 32.

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Mr. S. S. Sawant i/b. Mr. Ketan Joshi for Respondent Nos. 34 and 35. Mrs. Shakuntala S. Wadekar for Respondent Nos. 8 to 11, 15 to 18, 21A, 21B, 24 and 25.

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Mr. S. D. Rayrikar, AGP for State.

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Mr. A. P. Kulkarni for Respondent Nos. 21A(1) and 21A(2).

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CORAM : B.R. GAVAI, J. TUESDAY, MAY 03, 2011

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P. C. :

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The appellants had approached this court basically raising a grievance that the learned Trial Court had refused to grant ad-interim injunction and only issued notice to the respondents on the application below exhibit-5. This Court vide order dated 25^th March 2009 had issued notice and further directed the State and its authorities i.e. respondent Nos. 1 to 5 to maintain status-quo in regard to the suit property.

AO670_09

Since the present appeal arises purely out of an order interlocutory in nature, I am not inclined to entertain the same. In any event, this Court vide order dated 25^th March 2009 had already passed an order of status-quo in the interests of justice. The same is directed to be continued till the decision of an application below exhibit-5.

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The application below exhibit-5 is directed to be heard and decided by the learned Trial Court within a period of six weeks from today. The status-quo which was granted would continue till the decision of the application below exhibit-5, and in the event, if the decision is adverse to the interests of the petitioner, for a further period of two weeks therefrom.

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4. Disposed of in the aforesaid terms.

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In view of the disposal of the appeal from order, nothing survives in the civil applications. Civil applications also stand disposed of accordingly.

Jagdish J. Nathvani and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Jagdish J. Nathvani and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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