% 04.04.2024 [Physical Hearing/Hybrid Hearing (as per request)]

CM APPL. 20123/2024 [Application filed on behalf of the appellant seeking interim relief]

1. This is an application filed on behalf of the appellant seeking injunction on the construction carried out by the respondent no.2 at the subject site.

2. It is not in dispute that the appellant had filed an application on an earlier occasion, i.e., CM APPL.17370/2016 which was dismissed as not pressed on 06.04.2016.

3. Counsel for the appellant, Mr V.P. Rana says that the construction carried out by the respondent no.2 is contrary to the Municipal Bye-Laws.

4. This is an aspect qua which the appellant can always take recourse to an appropriate remedy. However, as far as the Court is concerned, at this juncture, given the circumstances noted above, no injunction can be granted.

5. It is, however, made clear that the construction would, obviously, be subject to the final orders passed in the appeal.

6. The application is, accordingly, closed.

RFA(OS) 41/2016

7. List the appeal on the date already fixed, i.e., 21.05.2024.

8. The Registry will dispatch a copy of this order to the respondents via all modes, including e-mai