Dattatraya Narayan Bhondve v. Pimpri Chinchwad Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15391 OF 2024 by SATISH RAMCHANDRA SANGAR Date:

2024.11.27 16:35:16 +0530 SATISH RAMCHANDRA SANGAR 1.

Dattatraya Narayan Bhondve Age : 70 Years, Occupation : Agriculture/Retired, Residing at : Survey No.139/1, Ravet, Taluka Haveli, District : Pune : 412 101.

Through his Power of Attorney Holder:- Nandakumar Bhalchandra Bhondve (Proprietor of M/s. N. B. Bhondve & Associates) Age : 57 Years, Occupation Agriculture & Business, Residing at : MIDC Pipeline Road, Ravet,

...Petitioner

Taluka Haveli, Pune : 412 101.

(Original Plaintiff)

Versus

1.

Pimpri Chinchwad Municipal Corporation Through its Commissioner, Office at Pimpri Chinchwad Municipal Corporation, Main Building, Mumbai - Pune Road, Pimpri, District : Pune : 411 018. 2.

City Engineer Pimpri Chinchwad Municipal Corporation, Building Permission Department, Office at Pimpri Chinchwad Municipal Corporation, Main Building, Mumbai - Pune Road, Pimpri, District : Pune : 411 018. 3.

Deputy Director Town Planning Department, Office at Pimpri Chinchwad Municipal Corporation, Main Building, Mumbai - Pune Road, Pimpri, District : Pune : 411 018.

1/5

4.

M/s.Aurigaa Realtors A Partnership Firm registered under the provisions of the Partnership Act, Having its registered Office at Roseland Residency, Commercial Building, Pimple Saudagar, Pimpri Chinchwad, Pune : 411 027.

Through its authorized partner:- Vinod Premchand Chandwani Age : 55 Years, Occupation : Business.

5.

Baban Namdev Bhondve Age : 73 Years, Occupation : Nil, Residing at : Ravet, Taluka : Haveli, District : Pune : 411 018 6.

Suman Baban Bhondve Age : 71 Years, Occupation : Agriculture, 7.

Machindra Baban Bhondve Age : 48 Years, Occupation : Agriculture, 8.

Urmila Machindra Bhondve Age : 40 Years, Occupation : Agriculture, 9.

Kumar Amey Machindra Bhondve Age : 17 Years, Occupation : Student, Through his natural guardian and father:- Machindra Baban Bhondve 10.

Kumar Arnav Machindra Bhondve Age : 12 Years, Occupation : Student, Through his natural guardian and father:- Machindra Baban Bhondve 11.

Ganesh Baban Bhondve Age : 45 Years, Occupation : Agriculture, 12.

Varsha Ganesh Bhondve Age : 36 Years, Occupation : Agriculture, 2/5

13.

Kumar Rudra Ganesh bhondve Age : 15 Years, Occupation : Student, Through his natural guardian and father:- Ganesh Baban Bhondve 14.

Kumari Shrawani Ganesh Bhondve Age : 15 Years, Occupation : Student, Through his natural guardian and father:- Ganesh Baban Bhondve 15.

Anjana Baban Bhondve Age : 49 Years, Occupation : Agriculture, Respondent Nos.5 to 15, All residing at : Ravet, Taluka : Haveli, District : Pune : 412 101.

16.

Dipali Sanjay Kanse Age : 36 Years, Occupation : Housewife, Residing at : Dapodi Gavthan, Dapodi,

...Respondents

Taluka : Haveli, District : Pune : 411 012. (Original Defendants) ***** Mr.Tejesh Dande a/w Mr.Bharat Gadhavi, Mr.Vinayak Shelar, Mr.Vishal Navale:- Advocates for Petitioner.

Mr.Kedar B. Dighe:- Advocate for Respondent Nos.1 to 3-Municipal Corporation.

Mr.Kishor Patil a/w Mr.Yatin Yeole i/b. Mr.Sidheshwar Biradar:- Advocates for Respondent Nos.4 and 5.

***** CORAM :

S. M. MODAK, J.

DATE :

25th NOVEMBER 2024 P. C. :- 3/5

1.

Heard learned Advocate Shri.Dande for the Petitioner-Plaintiff and learned Advocate Shri.Patil for the Respondent Nos.4 and 5. Read the order dated 11th November 2024. Considering the facts and circumstances, this Court has clarified that the trial Court can go on with the hearing of Exhibit-5 Application.

2.

Today, learned Advocate Shri.Dande submitted that his client - Plaintiff is ready to go on with the hearing of Exhibit-5 Application on merits. He apprised the Court about the status of that Application. There is "no say order" passed against the Defendants. Learned Advocate Shri.Patil on the basis of instructions submitted that his clients have filed an Application for setting aside the "no say order" and it is pending for the reply of the Plaintiff. Mr.Dande assures to instruct his client to file a reply. Both are consenting for disposing of the Petition instead of deciding on merits and ready for hearing of Exhibit-5 by the trial Court. In view of that, the Writ Petition is disposed of.

3.

Let, the parties to complete the pleadings on all the Applications and the trial Court to decide them. The ad-interim injunction granted by the trial Court on 7 th March 2024 against Defendant Nos.1 to 3 and 4/5

Defendant Nos.4 and 5 be continued for a period of six (6) weeks from today. The trial Court to decide the pending Applications in any eventuality earlier to six (6) weeks.

4.

It is made clear that the Court has not expressed any opinion on merits. The trial Court to decide it on its own merits. [S. M. MODAK, J.] 5/5