Bombay High Court
Sambhaji Ramji Patil Umrekar vs Agriculture Produce Market Committee ... on 18 December, 2020
Author: V.L.Achliya
Bench: V.L.Achliya
(1) sa151.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
940 SECOND APPEAL NO.151 OF 2018
WITH CP/265/2020 IN SA/151/2018 WITH CA/5304/2020 IN
SA/151/2018 WITH CA/2602/2018 IN SA/151/2018
SAMBHAJI RAMJI PATIL UMREKAR
VERSUS
AGRICULTURE PRODUCE MARKET COMMITTEE NANDED AND OTHERS
Mr.A.N. Nagargoje h/f. Mr.N.S. Kadam, Advocate for the
appellants.
Mr.S.B. Ghatol Patil, Advocate for the respondents.
CORAM : V.L.ACHLIYA,J.
DATED : 18.12.2020 P.C. :-
01. Mr. Nagargoje, learned Counsel appears for the advocate for the appellant and submits that due to some personal difficulty the advocate representing the appellant is unable to attend the Court and requests for adjournment.
02. Learned Counsel for respondent submits that under the garb of status-quo order operating in the matter, the appellant has indulged into illegal activities. He has erected a temporary structure over the land owned by the market committee and run a Restaurant serving non-vegetarian food. The photographs of the temporary shed alleged to be erected by appellant tendered by learned Advocate, taken on record and marked ::: Uploaded on - 19/12/2020 ::: Downloaded on - 20/12/2020 04:14:17 ::: (2) sa151.18 as "X" and "Y" for identification.
03. In the garb of status-quo order, none of the parties to proceeding can alter the position of suit property and no structure including temporary structure can be erected over the suit land.
04. Learned Counsel for appellant seeks time to take instructions and requests to adjourn the case continuing the interim order operating in appeal.
05. Status-quo order, if operating till today, then same stands extended till 06.01.2021, subject to appellant to file undertaking with this Court within three days that the appellant shall maintain the status- quo as prevailing on the date of passing of order dated 24.02.2018 and he shall not make any addition, alteration or erection of structure on suit land either on his own or through persons claiming through him.
06. List for hearing on 06.01.2021. High on Board.
[V.L.ACHLIYA,J.] snk/2020/DEC20/sa151.18 ::: Uploaded on - 19/12/2020 ::: Downloaded on - 20/12/2020 04:14:17 :::