Vikas Waman Mhatre Being The Proprietor Of M/S Vikas Construction v. Vijay Dattatraya Raut As Out Of India Thr. Wife Alka Vijay Raut And ORS

SUMEDH NAMDEO SONAWANE Date: 2022.09.30 17:20:07 +0530 SUMEDH NAMDEO SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3719 OF 2022 IN WRIT PETITION NO.4909 OF 2016 Vikas Waman Mhatre .. Applicant

IN THE MATTER BETWEEN

Vijay D. Raut & Ors.

.. Petitioners v/s.

Kalyan Dombivali Municipal Corporation and Ors.

.. Respondents Mr. Akash Warang, for the applicant/intervenor. Mr. I. M. Khairdi, for the petitioner.

Mr. R. V. Dighe h/f Mr. A. S. Rao, for respondent Nos.1 and 2. Mr. D. S. Pagare i/by Mr. R. S. Datar, for respondent Nos.3 and 4. Mr. A. A. Alaspurkar, AGP, for the State.

CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATED : 28TH SEPTEMBER, 2022.

P.C. :

1. By this application, applicant seeks impleadment in the writ petition as party respondent No.6. Mr. Khairdi, learned counsel for the petitioners has no objection if the applicant is impleaded 1/3

as respondent No.6 without prejudice to the rights and contentions of his client. Statement is accepted.

2. Interim application is accordingly made absolute in terms of prayer clause (c). Amendment shall be carried out forthwith. Reverification is dispensed with. Amended copy of the petition shall be served upon the respondents' advocate simultaneously.

3. Learned counsel for respondent No.6 on instructions states that his client has already settled the matter with petitioner Nos.1 to 7 and is trying to settle the matter with petitioner No.8. Statement is accepted.

4. Per contra, Mr. Khairdi, learned counsel for the petitioners states that according to his instructions matter is settled only with two of the petitioners and not with seven petitioners as canvassed by learned counsel for respondent No.6.

5. Learned counsel for the parties shall take instructions from their respective clients in that regard and to make a statement before this Court on the next date. If the matter is not settled with petitioner No.8 within two weeks from today, affidavit in reply shall be filed within two weeks thereafter. If the dispute is already settled by and between petitioner Nos.1 to 7 and the respondent No.6, the learned counsel for the petitioners shall be at liberty to 2/3

apply for withdrawal of the petition insofar as those petitioners are concerned on the next date.

6. We are informed that the condition of the building is dilapidated. If the occupants, who are staying in the building continue to stay there, the same shall be at their own risk and they shall not hold any of the respondents responsible in case of any untoward incident.

7. Ad-interim relief granted by this Court shall continue to operate till the next date, subject to the above condition.

8. Place the matter on board for 'admission' on 10 th November, 2022.

(KAMAL KHATA, J.) (R.D.DHANUKA, J.) 3/3