LAWS(BOM)-2014-12-12

VITHOBA SHANKAR GAONKAR Vs. CHANDA PORO GAONKAR

Decided On December 05, 2014
Vithoba Shankar Gaonkar Appellant
V/S
Chanda Poro Gaonkar Respondents

JUDGEMENT

(1.) HEARD Shri Shivan Desai, learned Counsel appearing for the Petitioner and Ms. Purna Bhandari, learned Addl. Government Advocate appearing for the Respondent nos. 2 and 3.

(2.) RULE . Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondents, waives notice.

(3.) THE main grievance of the Petitioner is that the learned Mamlatdar by an Order dated 16.10.2014, has passed an exparte ad -interim Order, inter alia, restraining the Petitioner from continuing with the construction of the house in the property surveyed under no. 65/4 and also to cut the earth in Sanguem Village. Initially, there was a contention raised by Shri Desai, learned Counsel appearing for the Petitioner, that by the impugned Order, the learned Mamlatdar has in fact disposed of the proceedings under Section 6 of the Mamlatdar Court's Act, filed by the Respondent no. 1. The learned Addl. Government Advocate, upon instructions from Respondent no. 2, who is present in Court, has pointed out that the impugned Order is an ad -interim Order and is subject for further consideration by the learned Mamlatdar.