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Bombay High CourtWP/8304/2025disposed off

Tulsidas Nair v. State Of Maharashtra Thr And ORS

2025-10-09Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe2 pages

507-WP-8304-25.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

JYOTI RAJESH MANE CIVIL APPELLATE JURISDICTION JYOTI RAJESH MANE Date: 2025.10.13 10:56:19 +0530 WRIT PETITION NO. 8304 OF 2025 Mr. Tulsidas Nair

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

_______ Mr. M.V.Holamagi, for Petitioner.

Ms.Aarushi Yadav, i/b. Ms. Ravleen Sabharwal, for Respondent Nos. 2 & 3/SRA. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

9th October 2025 P.C.

1.

Not on board. Taken on board.

2.

This Petition was disposed of by us yesterday (8th October 2025). In the said order the following paragraph No.2A be added: "2A. At this stage Mr. Holamagi learned counsel for the Petitioner prays that in the Order dated 3rd September 2025, in paragraph 9 this Court had directed that in the event there are any tenements which are vacant, no third party rights be created in respect of Building No.5. He submits that as of now the Petitioner intends to take recourse to the Appellate remedy, hence such protection be continued for a limited period. We continue such protection for a period of 4 weeks from today, which is only to enable the Petitioner to move the Appellate forum and within such period, if appropriate orders are not obtained, it shall be presumed that the protection is not continued. Needless to observe that granting of Mane

507-WP-8304-25.DOC such protection in no manner is an expression on the rival contentions. All contentions of the parties are expressly kept open to be urged in the Appellate proceedings.

Let the Appeal be filed within one week from today. Copy of the same be served on the learned Advocate for the SRA. In the event such appeal is not filed such protection shall not be available to the Petitioner." 3.

Order be corrected accordingly and be made available to the parties. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Mane