Zahiruddin Shamshuddin Chand Mohammed Ansari And ANR v. The Municipal Corporation Of Greater Mumbai And 2 ORS

518-WPL-2676-2018.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2676 OF 2018 Zahiruddin Shamshuddin Chand Mohammed Ansari & Anr.

... Petitioners

Versus

The Municipal Corporation of Greater Mumbai & Ors.

... Respondents Mr. J.B. Mishra, for the Petitioner.

Ms. Shital Mane, for Respondent - BMC.

Mr. S.G. Surana, for Respondent No.3.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE:

10TH AUGUST, 2018 PC:- 1.

Not on board. Taken on board.

2.

Undertaking of the Petitioners is taken on record and marked 'U-1' for identification.

3.

The learned counsel appearing for the Respondent No.3 states that the Respondent No.3 accepts the correctness of what Jitendra Shankar Nijasure is mentioned in clause 1 of the undertaking and will file an Affidavit by Jitendra Shankar Nijasure Date: 2018.08.16 18:45:44 +0530 in those terms within a period of two weeks from today. We accept the said statement.

4.

In view of what is agreed between the Petitioners and the Respondent No.3 which is reflected from clause 1 of the 1/2

518-WPL-2676-2018.DOC undertaking taken on record and marked 'U-1' for identification, time to vacate as prayed will have to be granted. 5.

Accordingly, we pass following order:- (i) Undertaking of the Petitioners marked as 'U-1' is accepted;

(ii) We also accept the statement made by the learned counsel appearing for the Respondent No.3 that an Affidavit will be filed within a period of two weeks from today;

(iii) We accept the undertaking of the Petitioners in clause 2 and accordingly direct that the Petitioners shall not be dispossessed for a period of two weeks from today;

(iv) We make it clear that the order in this Petition does not affect the rights of the Municipal Corporation in pending Writ Petition;

(v) The Petition is disposed of accordingly.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2