Dr. Rahul S/O V.N.Shetty v. The Municipal Corporation Of Greater Mumbai

1266.12-fa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

FIRST APPEAL NO.1266 OF 2012 WITH CIVIL APPLICATION NO.2597 OF 2012 AND CIVIL APPLICATION NO.4183 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. M. Saraogi for the Appellant Mrs. M. R. Bhoir for the Municipal Corporation Mr. S. P. Thorat for MHADA in Civil Application 4183/2013.

CORAM : K. K. TATED, J.

DATE : APRIL 10, 2015 P.C.:

1.

Heard. The learned counsel for the Appellant submits that he received instructions from the Appellant that the Appellant is ready and willing to make an appropriate Application to the Municipal Corporation for regularization of the suit structure as per order dated 17/09/2009 bearing No.2101/09 of MHADA. He submits that till the date of decision of the said Application by the Respondent-claimant, this Hon'ble Court be pleased to continue interim protection granted on 31/08/2012.

Basavraj G Patil 1/2

1266.12-fa 2.

Considering the submissions made by the learned counsel for the Appellant, following order is passed.

a.

The Appellant is permitted to make an appropriate Application for regularization of the suit structure to the Respondent Municipal Corporation within 8 weeks from today as per order/letter dated 17/09/2009 issued by the MHADA.

b.

If such Application for regularization is made within stipulated time as stated hereinabove, the Respondent Corporation is directed to decide the same as early as possible and communicate the said order to the Appellant in writing.

c.

If adverse order is passed by the Corporation, the Corporation is directed not to take any coercive action against the Appellant till decision is communicated to the Appellant and 2 weeks thereafter.

d.

First Appeal stands dismissed as withdrawn.

e.

Consequently, the Civil Application, if any, stands dismissed as infructuous.

f.

Parties to act on a copy of this order duly authenticated by the Sheristedar of this court. JUDGE Basavraj G Patil 2/2