M/S.L Lucky Saloon And Hamamkhana Through Proprietor S.K.Khalifa And ANR v. Nasir Fazal Shaikh And ORS

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11710 OF 2019 M/s. Lucky Saloon & Hamamkhana & anr.

..Petitioners vs.

Mr. Nasir Fazal Shaikh & ors.

..Respondents ...........

Mr. Amey Deshpande for petitioners.

Dr. Uday Warunjikar a/w. Mr. Ejaaz Shaikh for respondent Nos. 1 and 2.

Mr. Rohit Sakhadeo for respondent No.3.

...........

CORAM : M.S.KARNIK, J.

DATE : 9 JUNE 2020 (VIA V.C.) P.C.:- In terms of the ofce note dated 15th April 2020 and as a precautionary measure in view of COVID-19 the hearing of this matter was conducted by a video conferencing. 2.

Heard learned counsel for the petitioners.

3.

By this Petition the petitioners have challenged the order dated 3rd October 2019 passed below Exhibit - 35 in Regular Civil Suit No. 679 of 2019 by the trial Court. It is now pointed out that due to the Nisarg Cyclone there was substantial damage to the structure which is already in dilapidated condition and therefore to avoid any further problem it is necessary to urgently remove the upper structure of the suit premises. The petitioners are the tenants in respect of the suit premises.

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4.

The Petitioners are bringing on record a subsequent development which was not before the trial Court when the order was passed. In this view of the matter, learned counsel for the petitioners would submit that he would make a fresh application before the trial Court seeking appropriate reliefs. For enabling him to do so he seeks leave to withdraw the Writ Petition. In view of the subsequent development as the petitioners want to fle an application before the trial Court, the Petition is allowed to be withdrawn. The trial Court to decide the same on its own merits without being infuenced by the observations made in the impugned order dated 3rd October, 2019. It is made clear that the present Writ Petition is not decided on merits and the trial Court is free to decide the said application so made by the petitioners on its own merits without being infuenced by the observations made by me in this order.

5.

The status quo earlier granted by this Court to continue for a period of two weeks from today.

6.

It is further made clear that the petitioners will be occupying the suit premises at their own risk and shall not hold anybody responsible for any damage.

7.

Considering the circumstances on record and the condition of the structure, if an application is made by the petitioners within a period of two weeks from today before the trial Court, the trial Court is requested to consider passing appropriate orders on the same expeditiously.

8.

Writ Petition is disposed of as withdrawn.

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9.

of this Court. All concerned will act on production by fax or email (M.S.KARNIK, J.) Digitally signed by Diksha Rane Date:

2020.06.09 14:57:05 +0530 Diksha Rane 3/3