Sangita Kashinath Lokhande And ORS v. Prakash Kartar Bijalani And ANR

by PRASHANT VILAS RANE Date: 2024.01.29 20:14:05 +0530 PRASHANT VILAS RANE 15-IA963-24=WP8709-23=IA 964-24=WP8709-23.DOC PVR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.963 OF 2024 IN WRIT PETITION NO. 8709 OF 2023 Vikraman Pillay & Ors.

... Petitioners vs.

Prakash K. Bijalani & Ors.

...Respondents

And INTERIM APPLICATION NO.964 OF 2024 IN WRIT PETITION NO. 8709 OF 2023 Ronal Nikalje and Ors.

...Applicant.

vs Prakash Kartar Bijlani & Ors.

...Respondents

INTERIM APPLICATION NO.967 OF 2024 IN WRIT PETITION NO. 8709 OF 2023 (Not On Board Taken on Board) Smt. Sangietaa Kashinath Lokhande & Ors.

...Applicant.

In the matter between Shri.Prakash Kartar Bijlani & Ors.

vs.

...Petitioners

The State Of Maharashtra & Ors.

...Respondents

Mr. Anil Anturkar, Senior Advocate with Mr. Amol Gatne, for the Applicant in IA 963/24.

Mr. Anil Anturkar, Senior Advocate with Mr. Yatin Malvankar, for the Applicant in IA 964/24.

Mr. Sanjay Kshirsagar, for the Applicant in IA 967/24. Ms.Surabhi Agarwal with Mr. Suraj Gurav, for the Petitioner. Mr. P. J. Gavane, AGP for the State.

Mr. B. K. Jain - Intervenor in person present. _______________________ 29 January, 2024

15-IA963-24=WP8709-23=IA 964-24=WP8709-23.DOC

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

29 JANUARY, 2024 _______________________ P.C.

1.

Learned Counsel Mr. Narwankar who appears for the petitioners, is stated to be unwell, hence learned Advocate today representing the petitioners seeks an adjournment. Mr. Anturkar, learned Senior Counsel as also Mr.Khirsagar, learned Counsel appear for the Intervenors. 2.

Mr.Basantkumar Jain who is impleaded as a party to the petition, is appearing in person. He has also tendered affidavits, which are taken on record. Copies of the affidavits be served on all the parties. 3.

Mr. Anturkar and Mr. Kshirsagar submit that the immediate urgency today is that the notices have been issued by the Office of Tahasildar for a demolition action to be taken by tomorrow.

4.

In the above circumstances, as we would be required to hear the parties on the petition as also on the intervention applications, in our opinion, at this stage, it is in the interest of justice that the demolition or any other coercive action intended to be taken by the respondents be postponed till we pass further appropriate orders on the present proceedings. Ordered accordingly. 5.

List the proceedings on 1 February 2024. To be shown on the Supplementary Board.

6.

Learned AGP appearing for the State to immediately communicate this order to the concerned officer.

7.

Time to carry out the amendment to the petition, is extended upto 31 January 2024.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 29 January, 2024