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Bombay High CourtCAW/2787/2015disposed off

Rizwan Abdul Hamid Shaikh And ORS . v. The Thane Municipal Corporation And ORS.

2015-09-23Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice V.L. Achliya5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST. NO.26196 OF 2015 IN WRIT PETITION NO.2789 OF 2015 Rizwan Abdul Hamid Shaikh and Others.

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Applicants Vs The Thane Municipal Corporation and Others.

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Respondents -- Shri Anilkumar K. Patil for the Applicants.

Shri N.R. Bubna for the Respondent No.1.

Mrs. M.P. Thakur, AGP for the Respondent Nos.2 and 3. -- CORAM :

A.S. OKA & V.LACHLIYA, JJ DATED :

23RD SEPTEMBER 2015 P.C.

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Not on board. Taken on board.

2.

Heard the learned counsel appearing for the Applicants and the learned counsel appearing for the first Respondent. The learned AGP represents the second and third Respondents. 3.

Only by way of indulgence and by way of last chance, the time granted under the judgment and order dated 11th August 2015 to file undertakings/affidavits deserves to be extended by a period of six weeks from today. If affidavits/undertakings are not filed within the extended period of six weeks from today, the consequences will follow.

3.

Hence, the Civil Application is disposed of by passing the following order:

ORDER :

(a) Time granted under the judgment and order dated 11th August 2015 to the Petitioners and to all other occupants of the building in question to file undertakings/affidavits is extended by a period of six weeks from today. No further extension shall be granted;

(b) The undertakings/affidavits shall be in terms of the Clause (c) of Paragraph 5 of the said judgment and order dated 11th August 2015. The affidavit will be in terms of the Clause (e) of the Paragraph 5 of the said judgment and order dated 11th August 2015; (c) On failure of the Petitioners and other occupants to comply with the requirement of filing affidavits/undertakings within the extended period of six weeks from today, the judgment and order

dated 11th August 2015 shall become inoperative and it will be open for the first Respondent Municipal Corporation to take action in accordance with the law;

(d) The Civil Application is disposed of on above terms. (V.L. ACHLIYA, J) ( A.S. OKA, J )

Certified to be true and correct copy of the original signed Judgment/Order.