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Bombay High CourtWP/874/2019disposed off

Mehli Soonawala And 4 ORS. v. Maharashtra Housing And Area Development Authority And 4 ORS.

2019-03-15Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice M.S. Sanklecha2 pages

Uday S. Jagtap 804-19-WP-l-905=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 804 OF 2019 Mehli Soonawala & Ors.

.. Petitioners v/s.

MHADA & Ors.

.. Respondents Mr. Prathamesh Bhargude I/b Mr. Ranjit Shinde for the petitioners Mr. Prabhakar Jadhav I/b Mr. V.P. Sawant for respondent nos.1 to 3 Mr. Sanjay Kadam, Ms. Apeksha Sharma, Mr. Sanjeel Kadam, Ms. Sayalee Rajpurkar I/b Kadam & Company for respondent nos. 4 and 5 CORAM : A.S. OKA & M.S. SANKLECHA, J.J.

DATED : 15th MARCH, 2019 P.C.

1.

The parties to the Consent Terms are personally present. The Consent Terms duly singed by the petitioners, the advocate for the petitioners, the fifth respondent and the advocate for the fifth respondent are tendered on record. The said Consent Terms dated 15th March, 2019 are taken on record and marked "C" for identification. The learned Counsel appearing for the petitioners and the learned Counsel for the fifth respondent pray that this petition may be disposed of in terms of the consent terms.

Uday S. Jagtap 804-19-WP-l-905=.doc 2.

Accordingly, we pass following order :-

ORDER

(a) The undertaking of the parties incorporated in the Consent Terms taken on record and marked "C", is accepted; (b) The petition is disposed of in the terms of the Consent Terms.

(c) Needless to add that the order in terms of the Consent Terms will bind only those parties, who are the signatories to the consent terms.

3.

At this stage, our attention is invited to clauses (2) and (3) of the Consent Terms. Only in view of the said two clauses, we direct that action of eviction shall not be taken by MHADA for a period of 14 days from 18th March, 2019.

(M.S. SANKLECHA, J.) (A. S. OKA, J.)