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Bombay High CourtIA/10085/2022allowed to be withdrawn

Mr. Sanjiv M. Gupta v. Mumbai Metropolitan Regional Development Authority (Mmrda) And Others

2023-09-13Hon'Ble Shri Justice Sandeep V. Marne2 pages

Neeta Sawant 1/2 19-AO-659-2022 AO-660-2022 13 September 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 659 OF 2022 ALONGWITH INTERIM APPLICATION NO. 10085 OF 2022 Mr. Sanjiv M. Gupta ...Appellant V/s.

Mumbai Metropolitan Regional Development Authority (MMRDA) and Ors.

...Respondents

WITH APPEAL FROM ORDER NO. 660 OF 2022 ALONGWITH INTERIM APPLICATION NO. 10087 OF 2022 Mr. Rajeev M. Gupta ...Appellant V/s.

Mumbai Metropolitan Regional Development Authority (MMRDA) and Ors.

...Respondents

--- Mr. Mayur Khandeparkar i/by. Mr. Girish Kedia, for the Appellants. Mr. Heramb B. Pawan h/f. Mr. Ajay Khaire, for Respondent No.1M.M.R.D.A. Mrs. Smita Tondwalkar, for M.C.G.M.-Respondent No.2. Mr. A.R. Patil, Addl. Government Pleader for State-Respondent No.3. Dr. Abhinav Chandrachud a/w. Mr. Samsher Garud and Ms. Juhi Valia i/by. Jayakar & Partners, for Respondent No.4. CORAM : SANDEEP V. MARNE, J.

Neeta Sawant 2/2 19-AO-659-2022 AO-660-2022 13 September 2023 Dated :

13 September 2023.

P.C. :

1.

The learned counsel appearing for the Appellants on instructions seeks leave to withdraw the Appeals with a request to expedite the hearing of the Notice of Motions. Leave granted. The Appeals are accordingly allowed to be withdrawn.

2.

The learned counsel appearing for the Appellants submits that rejoinder to the reply filed by Respondent No.4 shall be filed within a period of one week from today. Dr. Chandrachud, the learned counsel appearing for Respondent No.4 submits that compilation of documents which is tendered in the present Appeals shall be filed before the City Civil Court by 15 September 2023. The Appellants-Plaintiffs shall be at liberty to deal with the documents filed alongwith the compilation in the rejoinder. Appeals are accordingly disposed of as withdrawn. The City Civil Court is accordingly requested to decide the Notice of Motions as expeditiously as possible and preferably within a period of six weeks from today. All contentions raised in the Appeal are kept open. 3.

With disposal of the Appeals, Interim Applications No. 10085/2022 and 10087/2002 do not survive. The same are disposed of as having become infructuous.

Digitally signed by NEETA SHAILESH SAWANT Date:

2023.09.15 11:35:27 +0530 SANDEEP V. MARNE, J.

NEETA SHAILESH SAWANT