Shakil Mohd. Hussain Koti And ANR v. The State Of Maharashtra And ORS

1 / 3 15-WP-9643-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9643 OF 2021 Shakil Mohd. Hussain Koti and another ...

Petitioners

Versus

The State of Maharashtra and others ...

Respondents .........

Mr. Sandeep Rankhambe alongwith Ms. Anita Sonawane Sachdev for the Petitioners. Mr. M.M. Pabale, AGP for the State.

Mr. Kamran S. for Respondent No.3.

Mr. D.P. Singh alongwith Mr. Aditya Thakkar for Respondent No.4. Mr. Moh. Shakil Hussain Koti, Petitioner No.1, present. Mr. Mehajabin Hussain Koti, Petitioner No.2, present. Smt. Mosumbi Mohd. Hussain Koti, mother, present. Ms. Ferzana Shaikh, daughter, present.

Ms. Rehana Ayub Khan, daughter, present.

.........

CORAM :

S.J. KATHAWALLA AND MILIND N. JADHAV, JJ.

DATED :

DECEMBER 30, 2021.

(Vacation Court) P.C. :- 1.

The above Writ Petition is disposed off by the following Order which is passed, by consent :

(i) The Petitioners have already vacated the subject premises on 21st December, 2021.

(ii) The mother of the Petitioner No.1 - Smt. Mosumbi Mohd. Hussain Koti who is present in Court alongwith her daughters - Ms. Ferzana and Ms. Rehana states that

2 / 3 15-WP-9643-2021.odt the tenancy rights in respect of the subject premises i.e. Flat No.10/12 at B.D.D. Chawl, G.M. Bhosale Marg, Worli, Mumbai - 400 018 shall not be surrendered by her to the landlords at any time and they shall not sell, alienate, encumber, part with possession and/or create third party rights in respect of the said tenancy in any manner whatsoever.

(iii) All her children have equal rights in the tenanted premises after her demise and no child will claim to be the tenant on the ground that they were residing with her as a member of her family at the time of her demise. (iv) In the event of the subject premises is being redeveloped, this Order be annexed to the Agreement for Redevelopment.

(v) All her children including the Petitioner No.1 will have equal rights in the redeveloped premises. However, the Petitioners shall not disturb her possession in any manner qua the subject premises until her demise. In the event of redevelopment, the compensation in lieu of temporary alternate accommodation will be handed over to Respondent No.3 and she will be at liberty to use the entire compensation towards her maintenance, till she is alive.

(vi) The landlord for the redevelopment of the subject premises and the representing Advocate/s shall take a note of this Order and act accordingly. (vii) The complaints filed by the parties against each other shall be withdrawn.

3 / 3 15-WP-9643-2021.odt (viii) Respondent No.3 states that she is giving up her right to receive an amount of Rs.25,000/- from the Petitioners.

2.

The above Writ Petition is accordingly disposed off. ( MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. ) Digitally signed by KANCHAN PRASHANT DHURI Date:

2022.01.03 22:19:31 +0530 KANCHAN PRASHANT DHURI