Rajesh Keshavlal Ruparelia And ANR. v. Maniram Ramprasad Tiwari
905-CAF1806-17.DOC Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1806 OF 2017 IN FIRST APPEAL NO. 2285 OF 2007 Rajesh Keshavlal Ruparelia & Anr ...Applicants In the matter between Ramdulari Wd/o Sitla Prasad Tiwari & Ors ...Appellants
Versus
Ramprasad Brijbhukar Riwari & Ors
...Respondents
Mr Pradeep Thorat, with Aditi Naikare, for the Applicant/respondent No. 1A.
Mrs Geeta Mulekar, for the Appellant.
Mr YY Dabke, AGP, for respondent No. 10.
Mr JG Aradwad (Reddy), for the applicants in CAF/1806/2017. Mrs Kavita Ambekar, Ist Assistant to the Court Receiver, is present.
CORAM: G.S. PATEL, J DATED:
2nd August 2017 PC:- 1.
The applicants claim to be sub-tenants of room Nos. 1B and 8A in chawl No. 1 at Majas Road, Jogeshwari (East), Mumbai. There is a separate prayer by respondent No. 1A in the appeal to have them evicted. They will undoubtedly need to be heard. 2.
The civil application is allowed in the following terms: 2nd August 2017
905-CAF1806-17.DOC (a) The applicants in this civil application will be added as opponents to Civil Application No. 1221 of 2017. Mr Thorat for the applicants in Civil Application No. 1221 of 2017 will amend the title without need of reverification on or before 11th August 2017. A copy of the amended title is to be served on all concerned. (b) The newly added opponents will be entitled to respond to the Civil Application No. 1221 of 2017. That affidavit in reply is to be filed and served on or before 24th August 2017.
(c) The previous order of injunction against the Deputy Collector not to proceed with any proposed notification declaring the area as a slum will continue to operate. (d) The Charity Commissioner will also, pending final disposal of the appeal, not proceed with any application to form a trust of any of these occupants/tenants or residents.
3.
The civil application is disposed of in these terms with no order as to costs.
(G. S. PATEL, J) 2nd August 2017