Adish Gangaram Sakpal v. Municipal Corporation Of Greater Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 390 OF 2025 WITH INTERIM APPLICATION NO. 9680 OF 2025 Adish Gangaram Sakpal ...

Appellant/Applicant Vs.

Municipal Corporation of ...

Respondents Greater Mumbai and Others Mr. S. S. Redekar for the Appellant/Applicant. Mr. Drupad Patil a/w. Ms. Neeta Jadhav i/b. Ms. Komal Punjabi for the Respondent - BMC.

Ms. Jayashree Bhojane - Estate Officer, 'D' Ward. CORAM : GAURI GODSE, J.

DATE :

22nd JULY 2025 ORDER :

1.

This appeal is preferred by the original plaintiff to challenge the rejection of his notice of motion seeking protection from dispossession from the suit property. Since the suit property is affected by a project undertaken by the corporation for construction of a bridge, the corporation has shown willingness to allot alternate premises to the appellant Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2025.07.22 22:57:41 +0200 RAJESHWARI RAMESH PILLAI 1/4

for an area of 120 sq. ft residential structure in the same vicinity. The said alternate premises is offered subject to the final outcome of the suit.

2.

Learned counsel for the corporation has tendered an affidavit dated 22nd July 2025 confirming the corporation's offer for allotment of alternate premises. The premises offered are described in paragraph 6 of the affidavit. Learned counsel for the corporation submits that the affidavit confirming the allotment of the alternate premises is signed by the concerned Assistant Commissioner, D Ward who is authorised to take decision regarding allotment of alternate premises.

3.

Learned counsel for the appellant is agreeable for this interim arrangement. He has tendered an affidavit-cumundertaking dated 21st July 2025 of the appellant stating that he would accept the temporary alternate premises offered by the corporation,without prejudice to his rights and contentions in the suit. He further undertakes that he would abide by the final decision of the suit.

4.

Both the affidavits are taken on record. The assurances and undertakings recorded in the respective 2/4

affidavits are accepted as undertakings to this court. In view of the interim arrangement agreed between the parties, nothing survives for further consideration in the appeal. 5.

The appeal is therefore disposed of by passing the following order :

(i) The undertakings given by the appellant and the corporation as recorded in their respective affidavits tendered today are accepted as undertakings to this court. (ii) Within one week from today, the appellant shall be handed over possession of the alternate premises (iii) The appellant is permitted to occupy the alternate premises by vacating the suit premises within a week. (iv) It is clarified that the appellant shall continue to occupy the temporary alternate accommodation as recorded in the undertaking till the decision of the suit.

(v) It is further clarified that this interim arrangement is without prejudice to the rights and contentions of both the parties in the suit.

(vi) It is further clarified that this temporary arrangement is 3/4

subject to final outcome of the suit.

(vii) Appeal is disposed of in the aforesaid terms. (viii) In view of the disposal of the appeal, interim application is disposed of as infructuous.

[GAURI GODSE, J.] 4/4