Link Palace Chs Limited v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 41 OF 2025 rrpillai WITH INTERIM APPLICATION NO. 479 OF 2025 Link Palace Chs. Limited ...

Appellant/Applicant Vs.

State of Maharashtra and Others ...

Respondents Mr. Dhananjay Singh i/b. Mr. Shailesh Rai Appellant/Applicant. Mr. Kunal Bhanage a/w. Mr. Vikas Pandey and Mr. Rashmi Mishra for Respondent No. 6.

Ms. Kavita Dhanuka i/b. Ms. Dhruti Kapadia for Respondent No.3SRA. Mr. Dinesh J. Haldankar, AGP for the Respondent-State. Mr. Om Suryavanshi i/b. Ms. Komal Punjabi for Respondent -BMC. Mr. Satyajeet Dighe for Respondent No. 5 - MHADA Ms. Vaishali Sangale - Maintenance Surveyor, City Survey Office, Andheri/ CORAM : GAURI GODSE, J.

DATE :

23rd APRIL 2025 ORDER :

1.

In view of order dated 22nd April 2025 learned counsel for the appellant and respondent no. 6 have tendered consent draft minutes of order. The draft minutes of order is taken on record and marked "X" for identification with today's date. by RAJESHWARI RAMESH PILLAI Date:

2025.04.23 07:12:08 +0200 RAJESHWARI RAMESH PILLAI 1/3

2.

Following directions are issued in terms of clause (1) and (3) of the draft minutes of order which read as under : (1) Without prejudice to the rights of the parties, by consent, the Appellant and the Respondent No. 6 agree to make a Joint Application, as is annexed herewith at "Annexure-A", to the Respondent No. 2 City Survey Office for the joint survey of CTS Nos. 242/A (Part), 244 & 270 of Village Oshiwara, Tal Andheri, Mumbai. The said application shall be submitted to the office of the Respondent No. 2 on 24th April 2025 by the Respondent No. 6.

(3) The parties i.e. the Office Bearers of the Appellant and the Authorized Partner of the Respondent No. 6, agree, undertake and assure this Hon'ble Court that they shall extend full co-operation and support to the office of the Respondent No. 2 for ensuring the completion of the Joint Survey of CTS Nos. 242/A (Part), 244 & 270 of Village Oshiwara, Tal Andheri, Mumbai in the time bound manner as directed by this Hon'ble Court.

3.

With regard to clause (2) of the draft minutes of order, it is 2/3

clarified that appellant and respondent no. 6 are at liberty to file joint application for survey and fixation of boundaries in the "Very Very Urgent Category" on payment of necessary charges jointly. 4.

If such application is filed, the same to be decided as expeditiously as possible.

5.

List the appeal for compliance and further directions on 10th June 2025.

6.

The clarification recorded in paragraph 2 of the order dated 22nd April 2025 shall continue till further orders. [GAURI GODSE, J.] 3/3