MAHADEO @ MAHESH S/O.LEKHUMAL KHUSHALANI Vs. VIMALBAI

JUDGEMENT

(1.) When the writ petition is called out for hearing, the learned counsel for the petitioner has handed over a rejoinder affidavit, it is taken on record.

(2.) By this writ petition, the petitioner is challenging concurrent orders passed by the two courts below, rejecting prayer for temporary injunction made on behalf of the petitioner in a pending suit.

(3.) The petitioner has filed Regular Civil Suit No. 983/2021, being a suit for declaration and permanent injunction against the respondents. By the said suit, the petitioner has challenged notice dtd. 18/11/2020, issued by respondent Nos. 3 and 4 i.e. the officials of the Nagpur Municipal Corporation. According to the petitioners, the said notice issued under Sec. 264 of the Maharashtra Municipal Corporations Act, 1949, is unsustainable as being mala fide and a nullity. In the said suit, it is alleged that respondent Nos. 1 and 2, being the landlords, having failed in earlier litigation between the parties, have been able to manipulate and manage the respondent Nos. 3 and 4 into issuing the aforesaid notice in a most mala fide manner, to somehow deprive the petitioner from enjoying the suit property. In the said suit, the petitioner filed an application for grant of temporary injunction, praying for an order restraining the respondents from interfering with the structure in question in any manner and from interfering in the process of repairing the structure that the petitioner intends to undertake.