The Court extended an existing ad-interim relief granted on April 11, 2016, pending the disposal of the appeal, while noting that the non-party Municipal Corporation retains its right to take action under the law.
Continued ad-interim relief from April 11, 2016, pending appeal disposal.
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.
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nma-1244.12
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1244 OF 2012 IN
APPEAL NO.266 OF 2012
Subhash Parasmal Baldia and Anr. … Applicants Versus Harmit Suneet Chadha and Anr. … Respondents
Dr. Birendra Saraf a/w Ms. Neeta Solanki i/by Kiran Jain and & Co. for the Applicants.
Mr. Rajiv Narula i/by Jhangiani, Narula & Associates for the Respondent Nos.1 and 2.
CORAM : A.S. OKA & A.A. SAYED, JJ.
DATE : 11th JULY, 2016
P.C.
1 Heard the learned counsel appearing for the parties. Appeal is already admitted. Hence, ad-interim relief granted on 11th April, 2016 deserves to continue as interim relief. The learned counsel appearing for the first and second respondents submits that an incorrect representation is sought to be made by the appellants on the basis of ad-interim order passed by this Court before the Municipal Corporation and, therefore, the Municipal Corporation is not taking any action in respect of the remaining structure of the appellants.
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nma-1244.12
2 Hence, we dispose of the notice of motion by passing the following order :-
ORDER
Ad-interim relief granted on 11th April, 2016 will continue to operate as interim relief till the disposal of the Appeal. We, however, make it clear that as the Municipal Corporation of Greater Mumbai is not a party to the Appeal, notwithstanding this interim order, it will be open for the Municipal Corporation to take action in accordance with law.
(A.A. SAYED, J )
(A.S. OKA, J )
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Subhash Parasmal Baldia and Anr.
Harmit Suneet Chadha and Anr.
A.S. Oka
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
