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Bombay High CourtCAW/2837/2015rejected

Eric Anselum Mendes And ORS. v. M/S. Bafhira Builders Pvt. Ltd.

2017-05-03Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka1 pages

1 20.caw-2837.15.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2837 OF 2015 IN WRIT PETITION NO.7104 OF 2002 Eric Anselum Mendes & Ors.

...Applicants In the matter between M/s. Bafhira Builders Pvt. Ltd.

... Petitioner vs.

The Collector of Bombay Suburban & Ors.

...Respondents

Mr.Sukand Kulkarni for the applicants.

Mr. Amit Karande for the applicants and for the respondent nos.3 to 5 in the WP.

Mr. A. B. Vagyani, GP, & A.A. Alaspurkar, AGP, for the respondent nos.1 & 2.

CORAM : A.S.OKA, & A. K. MENON, JJ.

DATE : 3RD MAY, 2017 P.C.

The prayer for fixing the early date of hearing of the Writ Petition No.7104 of 2002 is sought on the ground that the petitioner in the said writ petition with the ulterior motive has ensured that the writ petition remains pending. The said ground is misconceived. Even older petitions are pending for final hearing. Therefore, on the said ground, the prayer for fixing an early date of final hearing cannot be granted. Accordingly, the application is rejected.

(A. K. MENON, J.) (A. S. OKA, J.)