Mr. Mubarak Ali Mohammed Sidique Shaikh v. The Municipal Corporation Of Greater Mumbai And Another

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11633 OF 2025 IN APPEAL FROM ORDER NO.333 OF 2024 M/s. Jet Builders LLP ... Applicant In the matter between Mubarak Ali Mohammed Sidique Shaikh ... Appellant V/s.

The Municipal Corporation of Greater Mumbai & Anr.

... Respondents WITH APPEAL FROM ORDER NO.333 OF 2024 _______________________ Mr. Girish Godbole, Senior Advocate a/w. Adv. Ankit Lohia, Adv. Miloni Gala, Adv. Riddhi Dhamecha i/by Dhiren Shah for the Applicant.

Mr. Mayur Khandeparkar a/w. Adv. Devansh Shah, Adv. D.D. Singh for the Respondent.

Mr. Sachin Vajale i/by Adv. Komal Punjabi for the RespondentBMC. Mr. Nirav Kumar J., S.E., K/W Ward, present.

_______________________ CORAM : KAMAL KHATA, J.

DATED : 24TH DECEMBER 2025.

P.C. :

1.

The Advocates for the Appellants and Respondent submits that the parties have amicably settled their disputes. The parties to the consent terms, who are present in Court, have been 1/3 Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.12.26 10:36:25 +0530 SUMEDH NAMDEO SONAWANE

identified by the Court Sheristedar, and have confirmed their respective signatures on the Consent Terms. The Advocates for the parties have also appended their signatures to the Consent Terms confirming its due execution.

2.

The parties who are present confirm before the Court that the Consent Terms have been executed of their own volition and without any coercion or undue influence.

3.

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

4.

Having perused the Consent Terms, I find them to be in order, not contrary to law, and reflective the true intentions of the parties.

5.

The undertakings contained in the Consent Terms are accepted as undertakings to the Court.

6.

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.

7.

Advocate for the Respondent submits that their clients will vacate all the structures in their possession on or before 7th January 2026.

8.

Mr. Godbole, learned Senior Counsel submits that the plan of the shop proposed to be allotted, presently not annexed to the 2/3

Consent Terms will be annexed by the end of the day today. 9.

Mr. Godbole clarifies that the premises proposed to be allotted is road facing and presently in two parts the road facing part is admeasuring 300 sq.ft. and the rear admeasures 200 sq.ft. The said two premises will be converted into one singular premises of 500 sq.ft. subject to permission granted by the BMC. 10.

Appeal and Interim Application stand disposed of in terms of the Consent Terms.

11.

All concerned to act on an authenticated copy of this order. (KAMAL KHATA, J.) 3/3