Mr. Arjun Madha Vegda v. The Municipal Corporation Of Greater Mumbai And ORS

909. caa 944-19.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 944 OF 2019 IN APPEAL FROM ORDER NO. 759 OF 2019 Arjun Madha Vegda ..Applicant vs.

The Municipal Corporation of Greater Mumbai & ors.

..Respondents ....

Mrs. Babita P. Pandey for applicant.

Mr. F.J. Reis, Senior Advocate I/b. Mrs. Madhuri More for MCGM.

Shri Anil Mishra for respondent No.2.

Shri Ashish Kamat I/b. Shri Abhijeet Singh for respondent No.3. Shri Rahate, Assistant Head Supervisor, S.W.M. (Chawl City). ....

CORAM : M.S.KARNIK, J.

DATE : 30th JULY, 2019 P.C. :

It is pointed out by learned counsel for the corporation on instructions of the officer Shri Rahate, Assistant Head Supervisor, S.W.M., (Chawl City) that the key of flat/unit No. 1008 is already handed over to the applicant. The applicant does not dispute that he has received the key. He however states that the possession letter has not been received by him. 1/2

909. caa 944-19.doc 2.

Learned counsel for the corporation states that the possession letter will be issued in due course. However, they have no objection if pursuant to the handing over the key, applicant starts occupying the said flat/unit. 3.

In this view of the matter, time to vacate the premises is extended till 5/8/2019.

4.

It is made clear that if the premises is not vacated on or before 5/8/2019, it will be construed as a breach of the undertaking given to this Court. Apart from this the respondents are free to take appropriate action for vacating the premises evicting the occupants.

5.

The Civil Application is disposed of.

(M.S.KARNIK, J.) 2/2