LAWS(BOM)-1997-6-142

VIJAY RAJARAM PALAV Vs. STATE OF MAHARASHTRA

Decided On June 20, 1997
Vijay Rajaram Palav Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE present appeal challenges the order passed by the City Civil Court, dismissing the Notice of Motion No.4976/86 and declining to grant interim relief pending the suit.

(2.) THE suit is filed challenging the notice dtd. 18/4/86 cancelling the census number given to the hut allegedly constructed by the present appellant in the year 1976.

(3.) INTERIM order dtd. 6/11/89 in Civil Application No.4062/89 will continue to operate during the pendency of the suit. The appellant shall be at liberty to apply for regularisation of the suit structure, if such application is filed the same shall be disposed of in accordance with law and after hearing the present appellant. Shri Sawant learned Advocate for appellant states that application will file within four weeks. Interim order of this court will continue for a period of two weeks after the decision of the concerned authority is communicated to the appellant. In case the same is adverse, with this direction appeal is disposed of with no order as to cost. Liberty are given to the parties for expeditious hearing of the suit. Certified copy expedited.