Suchita Vithal Chavan And ORS v. Abdul Hamid Ibrahim Khatri And ANR

Neeta Sawant 25-26-WP-10276-2021.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10276 OF 2024 WITH WRIT PETITION NO. 10277 OF 2024 Miss. Suchita Vithal Chavan & Ors.

....Petitioners : Versus :

Abdul Hamid Ibrahim Khatri & Ors.

....Respondents __________________________________________________ Mr. Sachin Daswadikar, for the Petitioners.

Mr. Amol Mhatre i/by. Mr. Mayuresh Borkar, for Respondent No.1. CORAM : SANDEEP V. MARNE, J.

Dated :

29 July 2024.

P.C. :

1) It must be observed at the very outset that the present petitions are totally baseless and should not have been filed. It appears that in pursuance of the order dated 6 July 2024 passed by this Court, liberty is already granted to the Petitioners to take appropriate steps as and when decrees are put in execution, if they claim possession of suit premises. Petitioners accordingly prayed for withdrawal of Intervention Applications with liberty to take appropriate steps. The Intervention Applications are infact allowed to be withdrawn by the impugned orders. Still the present ___Page No.

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Neeta Sawant 25-26-WP-10276-2021.docx petitions are filed expressing an apprehension that use of the word 'unconditional' in orders dated 11 July 2024 would be interpreted to mean as if Petitioners would not have any liberty despite grant of such opportunity by this Court by order dated 6 July 2024. In my view, perusal of the orders dated 11 July 2024 would indicate that liberty is denied only for filing fresh Intervention Applications. The same would not mean that Petitioners cannot obstruct decree, if they can lawfully do so or file any independent proceedings claiming their rights. The Writ Petitions are devoid of merits and are accordingly dismissed.

NEETA SHAILESH SAWANT [SANDEEP V. MARNE, J.] NEETA SHAILESH SAWANT Date: 2024.08.02 12:33:41 +0530 ___Page No.

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