Rakesh Ramashankar Singh v. Tilak Khetshi Shah Since Dec Thr Lrs And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15294 OF 2023 WITH INTERIM APPLICATION NO.6444 OF 2024 IN WRIT PETITION NO.15294 OF 2023 Rakesh Ramashankar Singh ... Petitioner V/s.

Tilak Khetshi Shah Since Dec Thr Lrs and Anr.

... Respondents WITH WRIT PETITION NO.14086 OF 2023 Satyawan Bhagwan Suryawanshi ... Petitioner V/s.

Tilak Khetshi Shah and Anr.

... Respondents WITH WRIT PETITION NO.14084 OF 2023 Maharashtra Barrel Drum Co. Thr. Its Proprietor ... Petitioner V/s.

Tilak Khetshi Shah Deceased Since Thr.

Lrs. And Ors.

... Respondents WITH WRIT PETITION NO.15489 OF 2023 Govind Yeshwant Khopde ... Petitioner V/s.

Tilak Khetshi Shah Decd. Since Thr Lrs and Ors.

... Respondents

____________________________________ Mr. Jitendra M. Pathade a/w Adv. Krishna Naik Applicant in IA/6444/2024 & Petitioner in WP/15294/2023.

Mr. Suryajeet P. Chavan petitioner in WP/14086/2023 & WP/15489/2023.

Mr. Shravan M. Vyas for the Respondent.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 18 APRIL 2024 P.C.:

INTERIM APPLICATION NO.6444 OF 2024 1.

This Interim application is filed seeking recall of the order dated 9 February 2024, passed by this Court. On 9 February 2024 when the matter was on board, an adjournment was sought on behalf of the petitioner in Writ Petition No.15294 of 2023. The said adjournment was granted subject to a payment of cost of Rs.50,000/- to be paid to respondent no.1 (A), since inspite of circulation being granted by Court, an adjournment was sought. 2.

The respondent no.1(A) is today represented by Mr.Vyas, who on instructions of his client submits that he has no objection if cost imposed by this Court is set aside.

3.

By consent, the cost payable Rs.50,000 by the petitioner is hereby set aside.

4.

Rest of the order dated 9 February, 2024 remain unaltered. 5.

This Interim Application is disposed of.

6.

The Parties to file documents on record including the photographs of the suit structure which according to them is part of CTS No.6/172 Sweree, Mumbai, within two weeks. 7.

Mr. Chavan appearing for the petitioner submits that the landlord himself has made an application to the corporation for redevelopment of property under the slum scheme. In order to enable Mr. Chavan to file the said document on record two weeks times is granted.

8.

In the meanwhile, no coercive steps should be taken in all writ petitions till the next date of the hearing. 9.

Stand over to 8 May 2024.

(RAJESH S. PATIL, J.)