Nutan Vidya Mandir v. the Chief Executive Officer Maharashtra Hsg and Area Dev.Authority
Case brief
What is this about?
Appeal From Order No. 314 of 2024, Nutan Vidya Mandir v. The Chief Executive Officer, MHADA (Bombay High Court, Gauri Godse J., 3 January 2025): appeal against City Civil Court order refusing ad interim relief (protection of possession; restraint on demolition of suit structure) dismissed; MHADA's possession undisputed at interlocutory stage; no prima facie findings recorded while notice of motion pending; no illegality or perversity in trial court's discretion; motion (hearing 12-02-2025) to be heard uninfluenced by appellate observations; interim application disposed as infructuous. No statutes or precedents cited.
What did the court decide?
The Court declined to record even prima facie findings on the plaintiff's rights in the suit property at this stage, since the notice of motion was still pending before the City Civil Court.