Keshardev Bhadarmal Dadhich v. Municipal Corporation Of Greater Mumbai And ANR

ash wpl-3108.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.3108 OF 2015 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Vishal Kanade i/b Ms.N.S. Pawar and Dinesh B.R. Dadhich for the Petitioner. Mrs. Shobha Ajitkumar for the Respondent No.1. - CORAM :

A.S. OKA & V.LACHLIYA, JJ DATED :

30TH OCTOBER 2015 P.C.:

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Not on board. Taken on board.

2.

Heard the learned counsel appearing for the Petitioner. Though the matter was kept today to enable the learned counsel appearing for the first Respondent to take instructions, he has not received any instructions. The learned counsel appearing for the Petitioner states that the shop subject matter of this Petition described in prayer clause (a) is in existence. We accept the said statement. We direct the Petitioner to file an affidavit by tomorrow i.e. 31st

ash wpl-3108.15 October 2015 annexing the photographs of the shop premises taken today. If the structure of the said shop is in existence, the Municipal Corporation shall not demolish the said shop unless 15 days' advance notice is given to the Petitioner at the address mentioned in the Petition.

3.

Subject to the above directions, the Petition is disposed of. If the affidavit as directed is not filed by tomorrow i.e. 31st October 2015, the protection granted under this order shall come to an end automatically.

4.

All contentions on merits are kept open.

(V.L. ACHLIYA, J) (A.S.OKA, J)