Mr. Vijay Shiavaji Gade And ORS. v. Municipal Corporation Of The City Of Thane And ORS.

wp-3558.15.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3558 OF 2015 Mr. Vijay Shiavaji Gade and Ors.

Petitioners vs.

Municipal Corporation of the City of Thane and Ors. Respondents Mr. Ashish Mehta a/w Mr. Prakash Mishra, Trishla Yelve and Nikhil Mallelwar, for the Petitioners.

Mr. A.A. Kumbhakoni, Senior Advocate i/by Mr. N.R. Bubna, for the Respondent Nos.1 and 2.

Mr. Harshad Bhadbhade, for the Respondent No.4.

CORAM:

A.S. OKA & A.P. BHANGALE, JJ.

DATE:

8th APRIL, 2015 P.C.:

Not on board. Taken on board.

.

Heard the learned counsel appearing for the Petitioners. We have heard the learned Senior Counsel appearing for the first and second Respondents and the learned counsel appearing for the fourth Respondent. It is not in dispute that all the Petitioners have been served with the notices in the same form. One such notice is annexed as Exhibit-'L'. The learned Senior Counsel appearing for the first and second Respondents on instructions seeks permission to withdraw the

wp-3558.15.doc notices issued to all the Petitioners with liberty to adopt appropriate proceedings/steps in accordance with law. We accept the said request. In view of the acceptance of the said statement, nothing survives in this Petition as of today.

2.

Considering the manner in which the impugned notices have been issued by the first and second Respondents, we direct that in the event orders of eviction are passed against the Petitioners or any of them, the Petitioners shall not be evicted on the basis of such orders for a period of one month from the date on which the orders are served upon the Petitioners. All contentions of the parties are expressly kept open. The Petition is disposed of on above terms. (A.P. BHANGALE, J.) (A.S. OKA, J.)