Subodh Timappa Shanbhag And ANR v. Maharashtra Housing And Area Development Authority And 5 ORS

by VIDYA SURESH AMIN Date:

2023.04.28 16:21:44 +0530 VIDYA SURESH AMIN 901.WPL23452_2022.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 23452 OF 2022 WITH INTERIM APPLICATION NO. 939 OF 2023 Subodh Timappa Shanbhag & Anr.

... Petitioners

Versus

Maharashtra Housing and Area Development Authority & Ors.

...Respondents

Mr. Vivek Shukla i/b. Shukla & Associates for the petitioners. Mr. Subodh Timappa, petitioner no. 1 present. Ms. Vandana Mahadik for MCGM Ms. Shreya Shah i/b. P.G. Lad for MHADA.

Mr. G.S. Godbole, Senior Advocate a/w. Ms. Rujuta Patil, Mr. Yohaan Shah, Mr. Hasan Mushabber i/b. Negandhi Shah & Himayatullah for respondent no. 6.

Mr. Sarosh Bharucha a/w. Ms. Dipti Das, Sumit Vyas, Shriya Nalawade i/b. Fox Mandal & Associates LLP for respondent no. 7. _______________________

CORAM:

G. S. KULKARNI & NEELA GOKHALE, JJ.

DATED:

28 April, 2023 _______________________ P.C.

1.

Mr. Shukla, learned counsel for the petitioners, Mr. Godbole, learned senior counsel for respondent no. 6 and Mr. Bharucha, learned counsel for respondent no. 7 have tendered Minutes of Order whereby it is stated that the disputes, subject matter of the present Writ Petition, will stand resolved in terms of what has been agreed between the parties in the Minutes of the Order. 28 April, 2023

901.WPL23452_2022.DOC 2.

We have perused the Minutes of the Order. We find that the terms as agreed between the parties are reasonable and in the direction which would resolve the disputes. The Minutes of the Order are initialed by learned counsel for the petitioners and learned counsel for respondent nos. 6 and 7. The Minutes of Order is accordingly taken on record and marked as "X" for identification.

3.

At this stage, we are informed that petitioner no. 2 - Famida Mohammed Ishaq Ansari is not in town and therefore, the keys of the tenements would be handed over to respondent nos. 6 or 7 on or before 3 May, 2023. We accept the statement as made on behalf of the petitioners. 4.

Learned counsel for the petitioners, on instructions, states that the keys would be handed over to respondent no. 1, who is present in the Court, during the course of the day.

5.

The petition stands disposed of in terms of the Minutes of Order. 6.

In view of disposal of the petition, Interim Application would not survive and the same is accordingly disposed of. (NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 28 April, 2023