Nitan Mogal Pagare And ORS. v. Police Commissioner, Nashik And ORS.

1706sa306.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Second Appeal No.306 of 2015 (Natin M. Pagar and others v. Police Commissioner and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.M. Oak with Shri Sham Walve, Advocates for Appellants. Shri Rajan Pawar, AGP for Respondents.

Coram : R.K. Deshpande, J.

Dated : 17 th June, 2015 The learned counsel for the appellants has urged that under the Government Resolution dated 11-7-2001, the appellants, who are the slum dwellers, are protected from eviction. If this is the case, then it is open for the appellants to take appropriate steps by filing appropriate proceedings seeking protection under the said Government Resolution. In the suit in question, this issue was not raised. The Trial Court dismissed the suit. The Appellate Court has dismissed the appeal. Thus, no substantial question of law arises in this second appeal. The second appeal is dismissed.

Needless to say that the question of entitlement of the appellants under the said Government Resolution is kept open to be agitated before the appropriate forum.

At the request of the learned counsel for the appellants, the interim relief shall continue for a period of one month from

1706sa306.15.odt today; after expiry of which, it shall stand automatically vacated without reference to this Court.

Judge.

Lanjewar