Nazir Husain Mukhtar Shaikh and Shama a. Shaikh Vs Parsi Vegetarian and Temperance Society and 4 Ors.

Learned counsel for the appellant proposes to rely upon the copy of the letter dated 26 June 2012 of the Deputy Collector (Encroachment Eradication) and Competent Authority under the Right to Information Act and on the basis thereof proposes to submit that the learned trial Judge erred in observing that the land in question has been declared as slum.

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Learned counsel for the respondent No.1-original plaintiff states that the Competent Authority has declared two adjoining properties as slums and the concerned authorities are in the process of declaring the suit land also as slum. It is submitted that the

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gopi

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app-476-12

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appellant himself is one of the 100 slum dwellers on the suit land.

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We do not propose to go into any of the above factual contentions as the Notice of Motion itself is fixed for hearing before the trial Court on 10 September 2012.

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The appeal is, therefore, disposed of without going into the merits of the controversy between the parties and only on the ground that the appeal is directed against an ad-interim order and the Notice of Motion is going to be heard by the trial Court in the near future.

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The appeal is accordingly disposed of.

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CHIEF JUSTICE

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(N.M. JAMDAR, J.)

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Nazir Husain Mukhtar Shaikh and Shama a. Shaikh v. Parsi Vegetarian and Temperance Society and 4 Ors.

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Nazir Husain Mukhtar Shaikh and Shama a. Shaikh v. Parsi Vegetarian and Temperance Society and 4 Ors.

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