Kakad Co-Operative Housing Society Ltd. v. The Municipal Corporation Of Greater Mumbai And ANR

DSS 1/2 24-wp-2322-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2322 OF 2017 Kakad Cooperative Housing Society Ltd.

...

Petitioner.

V/s.

The Municipal Corporation of Greater Mumbai and anr.

...

Respondents.

Mr. Mahendra Agvekar a/w. Mr. Sujal V. i/b Mr. RR. Gehani for the Petitioner.

Ms Pallavi Thakar for Respondent No.1.

Ms Mehak Bookwala Shetty i/b Zohair & Co. for Respondent No.2. CORAM :

A.S. OKA AND M.S. SONAK, JJ.

DATE :

14TH DECEMBER 2017.

P.C.:

1] Heard learned counsel appearing for the petitioner. 2] The first respondent initiated action against the 2nd respondent by issuing a show cause notice. An order was passed on the show cause notice directing demolition.

2] The 2nd respondent has filed a civil suit in the City Civil Court at Dindoshi in which ad-interim injunction has been granted by learned Judge of the City Civil Court restraining the 1st respondent from taking action of demolition. So long as the ad-interim relief is in force, no action can be taken of demolition.

3] Therefore, at this stage, it is not necessary to entertain the present petition. Accordingly, this petition is disposed of. In the event the

DSS 2/2 24-wp-2322-17 Municipal Corporation fails to take action of demolition, after ad-interim relief is vacated, it will always be open to the petitioner to file an appropriate proceedings, in accordance with law. 4] We make it clear that we have made no adjudication on the merits controversy in the suit.

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