Vanita Vijay Joshi v. The Govt Of Maharashtra And 3 ORS

Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Radhakishan S. Ladda ORDINARY ORIGINAL CIVIL JURISDICTION by Radhakishan S. Ladda Date:

2019.11.21 11:47:04 +0530 WRIT PETITION (Lodging) No. 3191 OF 2019.

Vanita Vijay Joshi ..Petitioner.

Vs The Govt. of Maharashtra & Ors ..Respondents.

*** Mr. Baburao Jadhav i/by Mr. N.N. Patil for Petitioner. Mr. A.L. Patki, Addl. G.P. for Respondent No.1-State. Ms. Vandana Mahadik for MCGM.

Mr. Sanjay Londhe Sub-Engineer "N" Ward of Municipal Corpn. Present.

CORAM : S.J. KATHAWALLA & B. P. COLABAWALLA, JJ.

DATED :- 20th NOVEMBER, 2019.

P.C. :- 1.

On 15 th November, 2019 this Court passed the following order :- 1.

Ms. Adhate, the learned Counsel appearing for the Corporation, on instructions, submits that the Corporation is ready to 1/ 8-wpl-3191-19.doc

accept the petitioner as a tenant in respect of the impugned structure, which originally stood in the name of her father-in-law Shri. Dattatraya Joshi, who passed away on 5 th April, 1996. Her husband too passed away on 16 th January, 2003. However, it is submitted on behalf of the Corporation that the petitioner will have to give an indemnity to the Corporation as regards any claims made in future by any person qua the subject premises. 2.

The learned Counsel appearing for the petitioner states that the petitioner shall provide necessary indemnity by Monday; 18 th November, 2019.

3.

Stand over to 20 th November, 2019, 'First on Board'.

2.

Pursuant thereto, the petitioner has given an indemnity to the Corporation as regards the claim made in future by any person regarding subject premises. The learned Advocate for the Corporation has informed the Court that they have now issued a revised draft Annexure-II, whereunder the petitioner is shown eligible to the premises. A copy of the revised draft Annexure-II tendered in Court, is taken on record and marked "X" for identification. In view thereof, nothing survives in the above writ petition and the same is disposed of as such. (B.P. COLABAWALLA, J.) (S.J. KATHAWALLA, J.) 2/ 8-wpl-3191-19.doc