Sanaulah Sabdar Sheikh v. The Slum Rehabilitation Authority , Mumbai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.90 OF 2022 IN WRIT PETITION NO.7481 OF 2007 Sanaulah Sabdar Sheikh .. Applicant-Petitioner Vs.

Slum Rehabilitation Authority, Mumbai and Ors. .. Respondents Mr. Yash Tiwari, i/by Mr. Shashipal Shankar, for the Applicant-Petitioner. Mr. Abhijeet Patil for Respondent Nos.1 and 2. Mr. S.D. Rayrikar, AGP for the Respondent-State. CORAM : VALMIKI SA MENEZES, J.

TH NOVEMBER, 2022.

DATE : 16 P.C. :

1.

This is an application seeking a fixed date for final hearing of Writ Petition No.7481 of 2007; the application also seeks an interim order to restrain the respondents from demolishing the suit premises being Room No.27, Tinu Chawl, Near Building No.5, Shastri Nagar/Indira Nagar, Linking Road, Chunabhatti, Santacruz (West), Mumbai-400 054. 2.

By an order dated 23 rd April 2008, Rule was issued in the petition and interim relief was refused to the petitioner. In the present application, I do not find any fresh cause of action having made out or any changed circumstances been pleaded for grant of the order of restraint that is prayed for. 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2022.11.17 12:06:17 +0530 SNEHA ABHAY DIXIT 20-CAW-90-2022.doc Dixit

3.

The Advocates for the respondents have no objection for adding Writ Petition No.7481 of 2007 to the "Final Hearing Board". Accordingly, I pass the following order :- (i) Civil Application is allowed in terms of prayer clause (a). Registry to add Writ Petition No.7481 of 2007 to the "Final Hearing Board" in the week commencing from 2 nd January 2023.

(ii) Prayer clause (b) of the Civil Application is rejected. (iii) Civil Application is disposed of in the above terms. [ VALMIKI SA MENEZES, J. ] 2/2 20-CAW-90-2022.doc Dixit