Vikram Tarachand Jain v. Maharashtra Housing And Area Development Authority And ORS

rsk AOST-3024-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO.3024 OF 2016 WITH CIVIL APPLICATION (STAMP) NO.5208 OF 2016 AND CIVIL APPLICATION (STAMP) NO.3025 OF 2016 IN APPEAL FROM ORDER (STAMP) NO.3024 OF 2016 Vikram Tarachand Jain ..Appellant/ Org. Plaintiff Vs.

Maharashtra Housing and Area Development Authority & Anr.

..Respondents/Org.

Defendants.

....

Mr. R. D. Soni i/b Mr. Omkar Kulkarni for the appellant . Ms. Neha Bhide for respondent Nos.1 and 2.

Mr. A. V. Diwate for respondent No.3.

Mr. Chetan Kapadia i/b Kishor Thakardar & Co for respondent No.4 ....

CORAM : N.M. JAMDAR, J.

DATED : 22 MARCH 2016 P.C.:

.

Mr. Soni, the learned counsel for the appellant after arguing for some time states that in view of the subsequent development of demolition of the structure, the relief that the appellant in this appeal is praying is for direction to the Municipal Corporation to give copies of the certified extract of the appellant's premises before they were demolished. Learned counsel for the

rsk AOST-3024-16.sxw respondent/Developer pointed out that the copy of the extract is already annexed to the plaint.

2.

Without going into the rival contentions since the appellant is basing his rights in the plaint on the basis of the record available with the Municipal Corporation, if the appellant makes an application for furnishing copies of the relevant extract regarding the area and measurements of the appellant's premises, the Corporation to give the copies within a period of 4 weeks from the receipt of the application.

3.

Since no other contention was advanced in this appeal, keeping all contentions of the parties open, Appeal from order is disposed of.

4.

Learned counsel for the appellant seeks liberty to take out appropriate motion. It is always open to a party to take out appropriate motion in the suit.

(N.M. JAMDAR, J.)