Shah Nikhilesh Jitendra vs Satellite (Ambli) on 26 August, 2015

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Gujarat High Court

Shah Nikhilesh Jitendra vs Satellite (Ambli) on 26 August, 2015

Bench: C.L. Soni

                  C/SCA/13855/2015                                               ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     SPECIAL CIVIL APPLICATION NO. 13855 of 2015

         ==========================================================
                      SHAH NIKHILESH JITENDRA....Petitioner(s)
                                     Versus
         SATELLITE (AMBLI),CO OP HOUSING SOCIETY LTD., & 2....Respondent(s)
         ==========================================================
         Appearance:
         PARTY-IN-PERSON, PERSONAL CAPACITY for the Petitioner(s) No. 1
         ==========================================================

                 CORAM: HONOURABLE MR.JUSTICE C.L. SONI

                                       Date : 26/08/2015


                                        ORAL ORDER

1. Today, the petitioner, party-in-person, has sought permission to circulate this matter for urgent order on the ground that the respondent No.2 is making illegal and unauthorized construction on the common plot of the society and presently, no forum is available to pray for restraint order to prevent such illegal construction on the common plot. The Court has, therefore, permitted the petitioner to circulate the matter today.

2. Leave to amend.

3. In para 3 of the petition, the petitioner has averred that the petitioner has prepared Lavad Case before the Board of Nominees at Ahmedabad on 25.8.2015 but because of the prevailing situation, none of the members - presiding officer of board of nominees were available, therefore, the case could not be instituted. It is further averred that the petitioner again tried on 26.8.2015 but it was of no avail as none of the members of board of nominees is available.

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4. Hence, notice returnable on 3rd September, 2015. By way of ad- interim relief, the respondent No.1 and 2 are directed to maintain status quo as prevailing today in connection with the common plot of the society.

5. It is left open to the petitioner to take help of the professional photographer to take photographs of the present situation as regards construction allegedly being carried on the common plot, at the costs of the petitioner.

6. Direct Service Today Permitted.

Sd/-

(C.L.SONI, J.) anvyas Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Aug 27 02:20:38 IST 2015

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