Single bench order granting ad-interim relief to allow appellants to amend appeal memos and reinstating stay on demolition works, pending receipt of detailed reasoned orders from the trial court.
Leave granted to amend appeal memo; respondents restrained from demolition steps until Feb 29, 2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ppn 1
901.aost-4757.16 & ors..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO.4757 OF 2016 along with CIVIL APPLICATION (ST.) NO.4758 OF 2016 in APPEAL FROM ORDER (ST.) NO.4757 OF 2016
Manoj Ramesh Sane .. Appellant/Applicant Vs. State of Maharashtra & Anr. .. Respondents
Along with APPEAL FROM ORDER (ST.) NO.4760 OF 2016 along with CIVIL APPLICATION (ST.) NO.4761 OF 2016 in APPEAL FROM ORDER (ST.) NO.4760 OF 2016
Naresh Bhalchandra Patil .. Appellant/Applicant Vs. State of Maharashtra & Anr. .. Respondents
State of Maharashtra & Anr. .. Respondents Along with APPEAL FROM ORDER (ST.) NO.4765 OF 2016 along with CIVIL APPLICATION (ST.) NO.4767 OF 2016 in APPEAL FROM ORDER (ST.) NO.4765 OF 2016
Rammurat M.Chauhan .. Appellant/Applicant Vs. State of Maharashtra & Anr. .. Respondents Along with APPEAL FROM ORDER (ST.) NO.4770 OF 2016 along with CIVIL APPLICATION (ST.) NO.4771 OF 2016 in APPEAL FROM ORDER (ST.) NO.4770 OF 2016
Vishwas Vishram Aagate .. Appellant/Applicant Vs. State of Maharashtra & Anr. .. Respondents
ppn 2
901.aost-4757.16 & ors..doc
Along with APPEAL FROM ORDER (ST.) NO.4774 OF 2016 along with CIVIL APPLICATION (ST.) NO.4775 OF 2016 in APPEAL FROM ORDER (ST.) NO.4774 OF 2016
Bhushan Vishwas Aaga .. Appellant/Applicant Vs. State of Maharashtra & Anr. .. Respondents
Mr.Bholaprasad Shukla for the appellants/applicants. Ms.Poonam Bhosale, AGP for the respondents.
CORAM : R.D. DHANUKA, J. DATE : 18th February 2016
P.C.
. Mr.Shukla, learned counsel appearing for the appellants states that a copy of the detailed reasoned order passed by the learned trial Judge refusing to grant ad-interim relief is not made available till date and seeks ad-interim relief till the copy of the impugned order is made available. Since copy of the impugned order is not made available with the learned counsel for the appellants, the respondents shall not take steps for demolition of the suit structure pursuant to the notice dated 10th November 2015 and the order dated 8th January 2016 till 29th February 2016.
R.D. DHANUKA, J.
2 issues framed by the court
Whether ad-interim relief should be granted to allow amendment of the appeal memo pending receipt of the impugned order.
Whether the respondents should be restrained from taking steps to demolish the suit structure pending the issuance of the impugned order copy.
MANOJ RAMESH SANE
NARESH BHALCHANDRA PATIL
RAMMURAT M CHAUDHAN
VISHWAS VISHRAM AAGATE
BHUSHAN VISHWAS AAGA
STATE OF MAHARASHTRA
R.D. DHANUKA
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
