Gandhi Nagar Kailash Co-Operative Housing Society Limited v. The Maharashtra Housing Area Development Authority And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 4 OF 2022 WITH INTERIM APPLICATION NO. 35 OF 2022 IN APPEAL FROM ORDER NO.4 OF 2022 Gandhi Nagar Kailash CHS Ltd.

..Appellant v/s.

MHADA & Anr.

..Respondent Mr. Shyam Devani i/b. Preet Chheda for the Appellant Mr. P.G.Lad for the Respondent.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 1st MARCH, 2022.

P.C.

1.

The Appellant herein has challenged the Order dated 15.12.2021 whereby the learned Judge has dismissed the Notice of Motion.

2.

The Appellant herein has challenged the Notice dated 25.11.2020 and Notice dated 29.04.2021 issued by the Respondent No.2 on behalf of the Respondent No.1. The structure was sought to be demolished on the ground that it is unauthorized construction P. Salgaonkar

43 ao 4-22.doc constructed in the open space between the two buildings. 3.

Counsel for the Appellant states that the Appellant has already filed representation dated 14.2.2021 for regularization of the said extension. In view of the same, learned Counsel for the Respondent states that the Respondent shall not take any action till the regularization is decided and further for a period of two weeks from the date of decision of the representation so as to enable the Appellant to seek further remedy.

4.

In the light of the said statement, Appeal as well as Application stand disposed of.

Digitally signed by PRASANNA P SALGAONKAR Date:

2022.03.03 15:53:53 +0530 PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.) P. Salgaonkar