Smt. Ramabai Sayanna Bhandari v. Municipal Corporation Of Greater Mumbai And Others

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.214 OF 2024 WITH INTERIM APPLICATION NO.6539 OF 2024 Ramabai Sayanna Bhandari ... Appellant V/s.

Municipal Corporation of Greater Mumbai & Ors.

... Respondents _______________________ Mr. Parth P. Shah for the Appellant.

Mr. Dharmesh Vyas a/w. Adv. S.B. Vajale i/by Adv. Komal Punjabi for the Respondent-BMC.

Mr. D.S. Sakhalkar a/w. Adv. Yash Tiwari i/by K.P. Tiwari & Co. for Respondent No.4.

_______________________ CORAM : KAMAL KHATA, J.

DATED : 5TH FEBRUARY 2026.

P.C. :

1.

Learned Advocates for the Appellant and Respondent No.4Society submit that the disputes between them have been amicably settled and tender the duly executed Consent Terms. 2.

The parties to the Consent Terms, who are present in Court, have been identified by the Court Sheristedar and have confirmed their signatures on the Consent Terms. The Advocates for the respective parties have also appended their signatures alongside 1/3 Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2026.02.06 10:26:09 +0530 SUMEDH NAMDEO SONAWANE

those of their clients, confirming due execution thereof. 3.

The parties present confirm before the Court that the Consent Terms have been executed voluntarily, of their own free will, and without any coercion or undue influence. 4.

The Consent Terms tendered are accepted and marked "X" for identification with today's date.

5.

Upon perusal, the Consent Terms are found to be in order, not contrary to law, and reflective of the true intentions of the parties.

6.

The representation, confirmations, and undertakings recorded in the Consent Terms are accepted as undertaking to this Court.

7.

The Registry shall ensure that the hard copy of the signed Consent Terms is permanently retained on record and not sent for destruction in the ordinary course.

8.

It is clarified that the Appellant shall demolish the illegal structure and completely clear the site of all material and debris at his own cost, within the time stipulated in the Consent Terms, and shall intimate the Society and the Brihanmumbai Municipal Corporation upon completion thereof. Failure on the part of the Appellant to demolish the illegal structure within the stipulated period shall be treated as contempt of this Court, rendering the 2/3

Appellant liable to proceedings for contempt. In the event of such failure, the Brihanmumbai Municipal Corporation shall demolish the structure within a period of one week thereafter, without further notice to the Appellant. The costs of such demolition shall be borne by the Society.

9.

The Appeal from Order stands disposed of in terms of Consent Terms.

10.

In view of the disposal of the Appeal, the Interim Application also stands disposed of.

11.

List the matter on 20th February 2026 for compliance. (KAMAL KHATA, J.) 3/3