Kishor Ramdas Tatar vs Thengoda
2023 Latest Caselaw 1067 Bom

                                                                                      501-sast-3151-2023.doc



                              Pallavi
                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION
           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI
MAHENDRA
           WARGAONKAR
WARGAONKAR Date:
           2023.02.01
                                                  SECOND APPEAL (ST) NO.3151 OF 2023
           18:15:27
           +0530                                                WITH
                                               INTERIM APPLICATION (ST) NO._____ OF 2023
                                                                WITH
                                               INTERIM APPLICATION (ST) NO._____ OF 2023
                                                                  IN
                                                  SECOND APPEAL (ST) NO.3151 OF 2023

                                   Kishor Ramdas Tatar & Anr.                         ... Appellants
                                         Versus
                                   Grampanchayat, Thengoda and Anr.                   ... Respondents


                                   Mr. Sachin Punde i/b. Anuj Tiwari, for the Appellants/Applicants.

                                                                   CORAM: MADHAV J. JAMDAR, J.

DATE : 1st FEBRUARY 2023

P.C.:

1. Not on board. Upon mentioning, taken on board.

2. The learned counsel appearing for the Appellant states that due

to some difficulties, Interim Application for stay and Interim

Application for delay condonation is not accepted by e-filing system

of the High Court.

3. He states that the Regular Civil Suit No.30/2016 filed by the

Appellants - Plaintiffs in the Court of learned Civil Judge, Junior

Division, Satana, District Nashik is rejected on the ground that the

plaint does not disclose any cause of action. Appeal filed challenging

501-sast-3151-2023.doc

the same is also dismissed by impugned Judgment and Decree dated

4th May 2022. He states that the Respondent Gram Panchayat, Taluka

Baglan, Satana, District Nashik has issued notice of demolition of the

suit premises.

4. Issue notice to the Respondents returnable on 1st March 2023.

5. In addition to the Court notice, Appellants to serve the

Respondents by private service and file an affidavit of service before

the returnable date.

6. Till next date, the Respondents i.e. Gram Panchayat at Baglan

Taluka, District Nashik as well as Village Development Officer, Taluka

Baglan, District Nashik shall not take coercive steps and shall not

demolish the construction on Gat No.38/2 situated at Vasti

Thengoda, Taluka Baglan, District Nashik.

(MADHAV J. JAMDAR, J.)