CHITRA PUBLICITY CO. Vs. SATISH YASHWANTRAV CHIKHLIKAR

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India is filed by the original defendant No.3 for seeking following reliefs:-

(2.) The case of the petitioner is that the respondent Nos.1 to 6 are members of Akshar Co-operative Housing Society Ltd. and their case further is that the respondent No.7 has illegally sold terrace right to the petitioner suggesting that respondent Nos.1 to 6 are having common terrace rights, over which the petitioner has placed advertisement board in a dangerous condition, which is likely to fall down and which may create damage to the property as well as to the person. Though the respondent Nos.1 to 6 have preferred complaint before the respondent No.8, the petitioner continued to place advertisement board, as a result of this. as there is no alternative, the respondent Nos.1 to 6 are required to file civil suit, which is numbered as Special Civil Suit No.569 of 2011. It is further the case of the petitioner that the said civil suit came to be decided on 31.12.2018, which was made subject matter of Regular Civil Appeal No.22 of 2019. The petitioner has asserted in the petition that the petitioner has applied for certified copy on 1.3.2019, which was made available only on 27.3.2019. So much so that the decree which is otherwise required to be attached with the appeal was also not made available rather prepared till 27.3.2019. As soon as the decree was drawn in the evening hours on 27.3.2019, the same was made available on 28.3.2019 and immediately thereafter, on the very same day, i.e. on 28.3.2019, Regular Civil Appeal was filed along with injunction application. It is the further case of the petitioner that by virtue of the impugned order dated 31.12.2018, 90 days' period for removal of hoarding got over on 30.3.2019, but learned District Judge on injunction application simply issued show cause notice made it returnable on 5.4.2019, i.e. after the period was getting over of 90 days. Under this situation, since learned Judge below has not granted ad-interim relief, which is likely to make the appeal infructuous, the petitioner is constrained to approach this Court for urgent protection.

(3.) Learned senior advocate Mr. Mihir Joshi at the relevant time on 29.3.2019 requested for urgent circulation and the same was granted looking to the urgency posed before the Court and notice was made returnable with interim protection. With this background, after service of notice, the respondents have appeared through their respective counsel and the matter is taken up for hearing.