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2022 Supreme(Bom) 1119

MANISH PITALE
Manisha Shetty – Appellant
Versus
Satya Sai Co-op Housing Society Ltd. , Thr. Its Secretary Mr. Puttuswamy Gudigar – Respondent


Advocates appeared:
S. D. Lotlikar, Advocate, J. Karn, Advocate, Abhay Nachinolcar, Advocate

JUDGMENT

Manish Pitale, J. - By this Writ Petition, the Petitioners have challenged Order dated 25.01.2022 passed by the Court of Civil Judge, Junior Division, Panaji, whereby, a direction has been given on an application filed by the Respondent-Society (original Plaintiff).

2. The Respondent-Society has filed a Suit against the Petitioners herein for injunction and other reliefs, claiming that the Petitioners have sought to undertake illegal construction thereby threatening the structural stability of the apartment in question and the entire structure also. These allegations are stoutly denied by the Petitioners.

3. In the backdrop of such a dispute, the Respondent-Society moved the aforesaid application with a prayer that Court Bailiff may be directed to take pictures of ongoing construction being undertaken by the Petitioners and to submit a report regarding the same. By the impugned Order, the aforesaid Court directed the Plaintiff i.e. Respondent-Society to take pictures with the assistance of the Bailiff. It is further recorded that since the Bailiff is not an expert, the Bailiff will ensure that photos are taken to ascertain status and clarify the matter.

4. Mr. S. D. Lotlikar,

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