M.R.P. Enterprises And ORS v. Kakad Co-Op. Hsg. Soc. Ltd And ANR

DSS 925-wp-6261-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6261 OF 2014 M.R.P. Enterprises and ors.

.. Petitioners vs.

Kakad Co-op. Hsg. Soc. Ltd. and ors.

.. Respondents Mr. N. Engineer and Hasmit Trivedi i/b Zohair H. Zaidy for the Petitioners.

Mr. Aabad Ponda & Mr. Gautam Tiwari i/b Manish Pabale for the Respondents.

CORAM :

M. S. SONAK, J.

DATE : 21 JULY 2015.

P.C. :- 1] This petition can be disposed of with the following agreed order:

(a) Issue No.1, as already framed by the Trial Court on 16 March 2012, will include or in any case be deemed to include. The issue No.1 proposed by and on behalf of defendant Nos.1 to 3 (at page 125 of this paper-book); (b) In addition to the issues already framed, the following issue is directed to be framed:

'Whether the defendants prove that purported notice dated 22 September 1997 was insufficient, invalid and illegal to claim re-entry in the suit premises as envisaged under th Lease Dated 27 November 1979 ?'

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DSS 925-wp-6261-14 (c) Since the suit is of the year 2007, the Trial Court is directed to dispose of the same as expeditiously as possible and in any case within a period of eighteen months from today. (2) This petition is disposed of in the aforesaid terms. (M. S. SONAK, J.) dinesh 2/2