Disposed

Shri. Nandkumar Mahadev Patil v. Mira Bhayander Municipal Corporation and Anr.

Bombay HC8 Dec 2021WP/4371/2017

Case brief

AI extract

What is this about?

Petitioner challenging appellate order setting aside injunction sought continuation of ad-interim relief to ensure expeditious disposal of underlying suit. Court directed trial court to decide within one year.

What did the court decide?

Ordering trial court to decide dependent civil suit within one year and continuing ad-interim relief pending disposal.

Shri. Nandkumar Mahadev Patil Vs Mira Bhayander Municipal… — Property and Title | Bombay HC (2021)

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Diksha Rane

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Digitally signed by DIKSHA DIKSHA DINESH DINESH RANE RANE Date: 2021.12.09 18:31:17 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4371 OF 2017

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NANDKUMAR MAHADEV PATIL VS.

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..PETITIONER

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MIRA BHAYANDER MUNICIPAL CORPORATION AND ANR. ..RESPONDENTS

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Mr. Suraj Naik i/b. Mr. R.D. Suryawanshi for the petitioner. Mr. N.R. Bubna for respondent nos. 1 and 2.

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CORAM : M. S. KARNIK, J.

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DATE : DECEMBER 8, 2021

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P.C. :

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This petition is filed challenging an order passed by the Appellate Court setting aside injunction granted by the trial Court in favour of the petitioner. A notice under Section 260 of the Maharashtra Municipal Corporation Act was issued against the petitioner for demolition of the offending structure.

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This matter was taken up for admission on 12/4/2017 when this Court was pleased to issue rule and in the meantime granted ad-interim relief in terms of prayer clause (b). As a consequence, the corporation could not act

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This order has been corrected pursuant to the order dated 9/12/2021 1/3

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upon the notice. Considering that the ad-interim relief is operating since 12/4/2017 and the matter may take some time before it can be heard finally, learned counsel for the parties submitted that the suit itself could be directed to be decided expeditiously by continuing ad-interim relief granted for a reasonable time. The request made is reasonable.

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The suit is of the year 2014. Learned counsel for the petitioner on instructions of the petitioner says that the petitioner undertakes to co-operate with the trial Judge in expeditious disposal of the suit and will not seek any unnecessary adjournments.

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Learned Civil Judge (Senior Division), Thane, is requested to hear and decide Regular Civil Suit No. 429 of 2014 expeditiously and preferably within a period of one (1)

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year from today. Ad-interim order passed by this Court to continue till the disposal of the suit.

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Parties undertake to communicate the order passed by this Court to the trial Court within a period of one (1) week.

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This order has been corrected pursuant to the order dated 9/12/2021 2/3

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All contentions are kept open.

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I may not have understood to have expressed any opinion in respect of either of the respective contention.

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The writ petition is disposed of.

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(M. S. KARNIK, J.)

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This order has been corrected pursuant to the order dated 9/12/2021 3/3

Shri. Nandkumar Mahadev Patil v. Mira Bhayander Municipal Corporation and Anr.

Case brief

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Shri. Nandkumar Mahadev Patil v. Mira Bhayander Municipal Corporation and Anr.

Case brief

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What the court decided

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