BHAVESH BHATT Vs. B M C

JUDGEMENT

(1.) The original plaintiff has filed this appeal against Order dated 20th August, 1998, passed on Notice of Motion No.1625 of 1997 in L.C. Suit No.1321 of 1997. The suit is filed inter alia for a declaration that the Order dated 29th January, 1997 passed in Notice dated 6th September, 1995, issued under section 351 of the B.M.C. Act is illegal and for other consequential reliefs.

(2.) In the said suit, a notice of motion was taken out by the plaintiff praying that pending the hearing and final disposal of the suit, the defendants be restrained from taking any action pursuant to the Order dated 29th January, 1997, passed by the Deputy Municipal Commissioner in notice dated 6th September, 1995 issued under section 351 of the B.M C. Act.

(3.) It appears that ad-interim reliefs were refused to the plaintiff by Order dated 10th March, 1997. The said order was impugned by the plaintiff by filing Appeal from Order No.503 of 1997. The appellant sought liberty to move the trial Court for joining landlord as party defendant to the suit and then seek further relief. The appellant inter alia sought protection of the Court till then in respect of the unauthorised structure.