LAWS(BOM)-1997-2-35

MADANLAL UTTAMCHAND DESARDA Vs. JUGALKISHOR SHANKARLAL BHARUKA

Decided On February 04, 1997
MADANLAL UTTAMCHAND DESARDA Appellant
V/S
JUGALKISHOR SHANKARLAL BHARUKA Respondents

JUDGEMENT

(1.) RULE returnable forthwith.

(2.) THE applicant is admittedly the owner of municipal house no. 3-6-17, City Survey No.6200, situated at Sarafa, Aurangabad, and the respondent no. 1 - Jugalkishor is a tenant in one shop premises on ground floor from this building. THE respondent no. 2 - Municipal Corporation issued notice dated 13-9-1995 to the respondent no. 1 and called upon the respondent to pull down the anauthorised construction carried out by the respondent no. 1 in the premises which was leased to the respondent no. 1. THE respondent no. 1 thereafter filed Regular Civil Suit No.841/1995 in the Court of Civil Judge (Senior Division), Aurangabad, and at present, the suit is pending in the Court of IXth Joint Civil Judge (Junior Division), Aurangabad. THE respondent no. 1 raised various grounds in the suit and prayed for perpetual injunction against the Municipal Corporation, that the Municipal Corporation be prevented from pulling down the portion of the building as mentioned in the notice dated 13-9-1995. THE Municipal Corporation has appeared in the said suit. THE said suit is pending.

(3.) HEARD Shri A. S. Bajaj, learned Counsel appearing onbehalf of the petitioner; Shri P. F. Patni, learned Counsel appearing on behalf of the respondent no. 1; and Shri H. T. Joshi, learned Counsel appearing on behalf of the respondent no. 2.