Avinash Raghunath Gokhare And ORS v. Kalyan Dombivali Municipal Corporation Thr Its Commissioner And ORS

WP.DOC TRUSHA TUSHAR MOHITE TRUSHA TUSHAR MOHITE Date: 2025.06.03 16:55:17 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6626 OF 2025 Avinash Raghunath Gokhale & Ors.

...Petitioners

Versus

Kalyan Dombivali Municipal Corporation thr

...Respondents

Its Commissioner & Ors.

Mr Gauresh Khandalekar a/w Mr. Ameya Bakre, for petitioners.

Mr Sandeep Shinde, for the Respondents.

CORAM

Dr. Neela Gokhale & Firdosh P. Pooniwalla, JJ.

DATED:

3rd June 2025 PC:- 1.

Issue notice to the Respondents returnable within 2 weeks, Mr. Shinde learned counsel for the Respondent Nos. 1 to 6, waives notice for those Respondents.

2.

The Petitioner is permitted to serve the Respondent Nos. 7 to 11 by private notice through all means of communication permissible in law. The Petitioner will also file the affidavit of service on or before the next date.

3rd June 2025

WP.DOC 3.

Since it is contended by the Petitioner that it is the landlords who are trying to get them evicted through the corporation and in case the building is demolished, they will suffer irreparable hardship, till 10th of June 2025, there shall be a status-quo in respect of the premises of the Petitioners. 4.

The Petitioners are directed to furnish an undertaking that in case there is any untoward incident in respect of the building which the corporation states to be dilapidated, they themselves will be responsible for any injuries or damage done to any person or property and they shall not hold the corporation or any other person responsible for the same. The undertaking to be furnished within a period of 2 days from the uploading of this order. All parties to act on the authenticated copy of the order.

5.

List on 10th June, 2025.

(Firdosh P. Pooniwalla, J.) (Dr. Neela Gokhale, J) Mansi Shelke 3rd June 2025