Farooque Hidayatullah Khan Alias Farooque Hidayatullah Housildar v. Municipal Corporation Of Greater Mumbai Thr. Its Assistant Commissioner

14 AO388-24.DOC Mohite

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2024.05.15 12:55:13 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE APPEAL FROM ORDER NO.388 OF 2024 WITH INTERIM APPLICATION NO.8923 OF 2024 Farooque Hidayatullah Khan Alias Farooque Hidayatullah Housildar ... Appellant

Versus

Municipal Corporation of Greater Mumbai Thr. Its Assistant Commissioner

...Respondent

Mr.Anoshak Daver a/w Mr.Rushabh Sheth, Mr.Sayeed Mulani, Mr.Iram S. Memon i/b M/s.Mulani and Co. for the Appellant Ms.Smita V. Tandwalkar for the Respondent Later on at 2.45p.m. in Chamber:

Mr.Ashish Kamat, Senior Advocate a/w Mr.Chittest Dalmia for the Caveator/Society Mr.Anoshak Daver a/w Mr.Rushabh Sheth, Mr.Sayeed Mulani, Mr.Iram S. Memon i/b M/s.Mulani and Co. for the Appellant _______________________

CORAM:

FIRDOSH P. POONIWALLA, J.

DATED:

14th May, 2024 VACATION COURT _______________________ P.C.

1.

The learned counsel for the Respondent Municipal Corporation states that the Respondent will file an Affidavit in Reply putting on record the correct facts, especially dealing with ground (f) of the Appeal from Order. 2.

Reply be filed on or before 28th May, 2024. Stand over to 10th June 2024.

3.

In the meanwhile, Municipal Corporation is restrained from taking any steps to dispossess the Appellant from the suit property.

14 AO388-24.DOC Later on at 2.45 p.m. in Chamber :

4.

Later on, the matter was mentioned at 2.45 p.m. in Chamber. Mr.Kamat, the learned Senior Advocate appeared on behalf of the Caveator / Society and submitted that the Appeal has been moved by the Appellant without giving notice to Zam Zam Co-operative Housing Society despite Caveat No.2297 of 2024 having been filed by the said Society. Mr.Kamat proposes to make submissions in respect of the reliefs sought by the Appellant.

5.

For this purpose, stand over to 17th May, 2024 when the Court will consider as to whether Zam Zam Co-operative Housing Society needs to be heard and what orders need to be passed, after hearing the parties. (FIRDOSH P. POONIWALLA, J.)