M/S. Prestige Falcon Mumbai Realty Pvt. Ltd. v. Suresh Dinkar Mangaonkar And ORS.

104 Ia-2829-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2829 OF 2025 IN INTERIM APPLICATION NO. 15707 OF 2024 IN FIRST APPEAL NO. 1077 OF 2022 M/s. Presitge Falcon Mumbai Realty Pvt. Ltd.

...Applicant.

In the matter between :

Suresh Dinkar mangaonkar and Others.

...Appellants.

Versus

MHADA.

...Respondent.

------ Mr. Shanay Shah, Mr. Akshay Udeshi and Mr. Hamza Lakhani for the Appellant. Mr. Abhishek Kothari, Mr. Mustafa Nolwala and M Sabni Shah i/b Trilegal for the Applicant.

------ Coram : Sharmila U. Deshmukh, J.

Date : March 11, 2025.

P. C. :

1.

Interim Application has been filed by the Developer seeking impleadment in the proceedings as according to the Developer, stay granted by this Court affects his development rights. 2.

Mr. Shah, learned Counsel appearing for the original Appellant would submit that the subject matter is carved out as a portion of larger area and the Appellant has no objection if the development is Patil-SR 1 of

104 Ia-2829-2025.doc carried out by leaving his structure which is depicted as OB-2 untouched. He would further submit that as the stay Application includes a prayer as regards the IOA issued in favour of the Developer, in the stay Application Developer can be heard. 3.

Considering the same, list the Applications for hearing on 1st April 2025.

4.

The Applicant-Developer will be heard as far as the stay Application is concerned on the next date.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 13/03/2025 11:37:06