Shri. Chandrakant Kantilal Shah And ORS v. Municipal Corporation Of Thane, Through Municipal Commissioner And ORS

10 wp 5240 of 2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5240 OF 2013 Chandrakant Kantilal Shah and Ors.

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Petitioners versus Municipal Corporation of Thane and Ors.

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Respondents Mr. Prasanna Tare with Mr. Akshadd Shetye, for Petitioners. Mr. Ajit Ram Pitale with Mr. Ameya Abhay Pitale, for Respondent Nos.1 and 2. Mr. Darshit Jain i/by Mr. Pramod Tambe, for Respondent Nos.3A to 3E. CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

DATE:

th DECEMBER, 2019 P.C.:

1.

Since Special Civil Suit No.537 of 2009 is filed by the Petitioners herein against Respondent Nos.3A to 3E (Defendant Nos.1A to 1E) before the 2nd Joint Civil Judge, Senior Division, Thane, interalia seeking a declaration that the Defendants have not obtained any permission from the Thane Municipal Corporation to construct the wall over the suit property and to also issue permanent injunction restraining the Defendants from entering into the suit property and from making or continuing any illegal construction, the learned Advocate appearing for the Petitioners seeks to withdraw the above Writ Petition. The Writ Petition is disposed of as withdrawn. 2.

By consent of the parties, hearing of Special Civil Suit No.537 of 2009 is expedited. The 2 nd Joint Civil Judge, Senior Division, Thane, shall decide the said SSP 1/2

10 wp 5240 of 2013.doc Suit within a period of one year from today. If necessary, suit may be heard on day to day basis. Adjournments shall not be granted to any of the parties unless absolutely necessary.

( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J. ) SSP 2/2