Sandeep Indrakumar Tiwari v. Maharashtra Housing And Area Developement Authorit

502-AO-173-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 173 OF 2025 WITH INTERIM APPLICATION (ST) NO. 8644 OF 2025 IN APPEAL FROM ORDER NO. 173 OF 2025 Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.03.11 12:53:22 +0530 MANGALTAI JAYWANT JADHAV Sandeep Indrakumar Tiwari ... Appellant/Applicant vs.

Maharashtra Housing and Area Development Authority ... Respondent Mr. Ashok Saraogi a/w Vikas Tiwari and Rohit Gupta for the Appellant/Applicant.

Mr. Satyajeet P. Dighe for Respondent No.1- MHADA. CORAM : GAURI GODSE, J.

DATED : 10th MARCH 2025 ORDER :- 1.

Not on board. Taken on production board.

2.

Leave to amend is granted to add impugned order and the grounds of challenge.

3.

Amendment to be carried out within one week from today. 4.

The notice of motion is still pending in the City Civil Court. Earlier before this Court, when the appellant had filed a writ petition,

502-AO-173-2025.doc a statement was made on behalf of the MHADA that they will not precipitate any action for a period of two weeks. The period of two weeks has expired on 7th March 2025. The City Civil Court has refused to grant any ad-interim protection. Hence, this appeal is preferred.

5.

Learned counsel appearing for MHADA seeks time to take instructions as he has been recently served with the papers. 6.

Learned counsel for the appellant submits that the suit premises is residential cum commercial premises. He, therefore, requests for grant of protection till the next date. 7.

List the appeal on 26th March 2025.

8.

To be listed high on board under the caption 'for admission'. 9.

Till the next date, no action of demolition be taken in respect of the suit premises pursuant to the notice impugned in the suit. (GAURI GODSE, J.)