Udar Goregaon Co-Operative Housing Society v. The Mumbai Corporation Of Greater Mumbai

508-aost-23659-17@caa-746-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 23659 OF 2017 WITH CIVIL APPLICATION NO. 746 OF 2017 Udar Goregaon Cooperative Housing Society ..Appellant V/s.

The Mumbai Corporation of Greater Mumbai ..Respondent ---- Mr. G.V. Murti a/w. Mohum Rao i/b Mr. P.L. Dubey for the Appellant. Mrs. Madhuri More for the Respondent/Corporation. ---- CORAM : MRS.MRIDULA BHATKAR, J.

DATE : 18th AUGUST 2017.

P.C.

1] Not on board. In view of urgency, taken on production board.

2] Learned counsel for the appellant - society submits that the appellant - society are not opposing the redevelopment and they want to vacate the premises as the Corporation has given them notice to vacate the premises till 22nd August 2017. Learned counsel for the appellant-society submits that it is not possible for the families of the appellant-society to vacate the premises due to Ganpati festival. Learned counsel submits that there are 11 families, who will vacate their respective premises on or before 30th September 2017 and also they will withdraw the suit pending before the Trial Court. Learned counsel further submits that the appellantsociety are also ready to give written undertaking before the Trial Court that the members/families of the appellant-society are Dinesh Sherla page 1 of 2

508-aost-23659-17@caa-746-17 occupying the suit building/tenement at their own risk. The statement made by learned counsel for the appellant - society at the bar, on the basis of instruction, is accepted. 3] Learned counsel for the Corporation-respondent submits that the building is in dilapidated condition and there is every possibility of any fatal accident.

4] In view of the submissions of learned counsel for both sides, it is better that the members/families of the appellant-society to vacate the building/tenement at the earliest, as the building is in dilapidated condition. If they do not vacate the building on 22nd August 2017, they shall give written undertaking before the Trial Court that they continuing to stay further at their own risk. Any how, they shall vacate the building/premise/tenement till 30th September 2017. The undertaking to be given by 21st August 2017. 5] The respondent-Corporation is directed not to disconnect the water and electricity of the suit building/tenement till 26th September 2017.

6] The Appeal from Order is disposed of in the aforesaid terms.

7] In view of disposal of main Appeal from Order, Civil Application No. 746 of 2017 does not survive and the same is also disposed of.

(MRIDULA BHATKAR, J.) Dinesh Sherla page 2 of 2