Kunti Deep Co-Operative Housing Society Limited v. Pannaben P. Monani And Another
21. AO-43-26.odt Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 43 OF 2026 Kunti Deep Co-op. Housing Society Ltd Appellant (Org. Defendant No. 2)
Versus
1. Pannaben P. Monani ..
Respondent No. 1 (Org. Plaintiff)
2. Mumbai Municipal Corporation of Greater Mumbai ..
..
Respondent No. 2 (Org. Defendant No. 1) ....................
Mr. Rohan Savant a/w Ms. Isha Jain & Mr. Soham Bhagavat i/by M/s. Kiran Jain & Co., Advocates for Appellant Mr. Sachin Vajale i/by Ms. Komal Punjabi, Advocate for Respondent No. 2 - Corporation ...................
CORAM : MILIND N. JADHAV, J.
DATE : JANUARY 12, 2026 P. C.
:
1.
Heard Mr. Savant, learned Advocate for Appellant - Org. Defendant No. 2 and Mr. Vajale, learned Advocate for Respondent No. 2 - Org. Defendant No. 1.
2.
Considering that the suit structure has already been demolished as recorded in the previous order passed by the learned Trial Court and the fact that Court has kept the substantive right of the occupant of the notice structure open, the impugned order is prima facie infructuous. In that view of the matte, the status quo which is operating hurts the prospectus of Appellant Society and further redevelopment and hence it deserves to be stayed. Hence, it is stayed.
21. AO-43-26.odt 3.
In view of the above, issue notice to the Respondents made returnable on 12.02.2026. Humdast permitted. In addition to Court's notice, Appellant is directed to serve copy of the AO along with copy of this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date.
4.
After receiving the notice, Respondents to file affidavit-in-reply on or before the next date, if so desired with an advance copy to the Advocate for Appellant.
5.
Stand over to 12th February, 2026 under the caption "for passing Orders".
Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:
2026.01.12 19:08:59 +0530 RAVINDRA MOHAN AMBERKAR