Shri. Faizan Malik Mohammed And ANR v. Shri. Atul Ambalal Barot And ORS

NITIN DINKAR JAGTAP 24 wp 6316 of 2021.doc NITIN DINKAR JAGTAP Date: 2021.10.09 19:18:34 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6316 OF 2021 Faizan Malik Mohammed and Anr.

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Petitioners

Versus

Atul Ambalal Barot and Ors.

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Respondents Mr. Akash Warang, for Petitioners.

Mr. M.M.Vashi, Senior Advocate with Ms. Aparna Deokar i/by M/s. M.P.Vashi and Associates, for Respondent No.1.

Mrs. M.P.Thakur, AGP, for State.

CORAM:

S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE :

5th OCTOBER, 2021 P.C. :

1.

Heard the learned Advocates for the parties and the following order is passed by consent :

(i) Hearing of the Special Civil Suit No.536 of 2014 pending before the 3rd Joint Civil Judge, Senior Division, Thane, is expedited. (ii) The learned Judge shall dispose off the said Suit on or before 31st October, 2021.

(iii) The learned Principal District Judge, Thane shall ensure that the said Suit is heard by the same Judge from its commencement and until its conclusion and the learned Judge before whom the Suit is pending, shall not grant adjournments to the parties and/or their Advocates unless absolutely necessary. SSP 1/2

24 wp 6316 of 2021.doc (iv) The said Suit shall be decided by the learned Judge without being influenced by any of the earlier orders passed including the order of Revenue Minister dated 16th February, 2021 and/or the fact that the same has been implemented by carrying out necessary change by way of Mutation Entry dated 29th June, 2021. (v) Pending the hearing and final disposal of the said Suit, apart from the order passed by the Civil Court dated 19th June, 2015, the parties undertake to maintain status quo as of today in respect of the subject lands. (vi) All contentions of the parties are kept open. (vii) The Writ Petition is accordingly disposed of. ( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 2/2