Ashok Arajanbhai Jolia v. Dattatray Balkrishna Dharap And 2 ORS

49-IA-2695-2022.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2695 OF 2022 IN CONTEMPT PETITION NO.78 OF 2009 Ashok Arjanbhai Jolia ...Applicant BHALCHANDRA GOPAL DUSANE In the matter of BHALCHANDRA GOPAL DUSANE Date: 2022.08.18 18:45:30 +0530 Ashok Arjanbhai Jolia & Ors.

... Petitioner

Versus

S.S. Zende & Ors.

...Respondents

Mr. Ramesh Ramamurthy with Saikumar Ramamurthy for Applicant/ Petitioner.

Mr. Yogesh Patil i/by Mr. Vijay Patil for Respondent No. 1- SRA. CORAM : S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED : 12TH AUGUST 2022 P.C. :

1.

Unfortunately Respondent no. 2 against whom the Contempt Petition is filed is no more.

In view of that, no orders can be passed against Respondent no. 2. 1/2

49-IA-2695-2022.doc 3.

The grievance of the Applicant/Petitioner is that since 19 years the possession of the tenement is not handed over. Learned Advocate for the SRA submits that the SRA had quantified the amount in 2010 for the additional area of 50 sq. ft. The same is not deposited by the Petitioner. It is for the Petitioner to take steps pursuant to the orders of the SRA. In such matters, the SRA has to step in and take further steps in accordance with law with regard to the tenement, as it is said that the Petitioner is entitled for an area of 225 sq. ft. and additional area of 50 sq. ft. on payment for an additional area of 50 sq. ft. The Petitioner may approach the SRA. The SRA may take steps in accordance with law in that regard. 4.

The SRA may take steps expeditiously, preferably within three months on the Petitioners's also complying with the condition as is required under law.

The Contempt Petition disposed of. Interim Application also stands disposed of.

(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) 2/2