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Bombay High CourtIA/5153/2025disposed off as withdrawn

Nayana Mevada And 2 ORS v. Mig(Bandra) Realtors And Builders Pvt Ltd And 9 ORS

2026-01-21Hon'Ble Justice Shri Arif S. Doctor2 pages

1/2 123-IA-5153-2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5153 OF 2025 IN SUIT NO. 756 OF 2015 Nayana Mevada And Ors ...Applicants

Versus

Mig(bandra) Realtors And Builders Pvt Ltd And Ors ...Defendants _______ Mr. Ankur Jain a/w Sanjay Yadav for Applicants. Mr. Hasan Mushabber i/b Negandhi Shah & Himayatullah for Plaintiff. Mr. Karan Jakhar i/b LJ Law for Defendant No. 1-Society. _______

CORAM

:

ARIF S. DOCTOR, J.

st JANUARY, 2026 DATE :

P.C.

1.

After arguing this Interim Application at some length, learned counsel for the Applicant was asked to justify as to how a Applicant, who is admittedly the Defendant in a Suit would sustain an Application with the following prayers: "a. That this Hon'ble Court be graciously pleased to direct the plaintiff and Defendant No. 1 to comply with the order dated 06.08.2015, 10.08.2015 and 19.08.2015 passed in Notice of Motion (L.) No. 2046 of 2015 in Suit (L.) No. 758 of 2015;

b. That this Hon'ble Court be graciously pleased to direct the plaintiff to construct 2 dwelling unit bearing no. B9/6/A and B9/6/B in lieu of the old Flat No. D19/164 as per Letter of Allotment dated 20.11.2015; c. That this Hon'ble Court be graciously pleased to direct the Defendant No.1 to pay the pending hardship compensation and/or compensation Areeb

2/2 123-IA-5153-2025 (OS).DOC towards temporary alternative accommodation for delay in providing permanent accommodation. alternate d. That this Hon'ble Court be graciously pleased to direct the Defendant No.1 to handover the vacant and peaceful possession of the flat No. B9/6/A and B9/6/B in lieu of the old Flat No. D19/164 as per Letter of Allotment dated 20.11.2015;

d. That interim and ad-interim reliefs in terms of prayers (a) to (c) above;" 2.

Learned counsel for the Applicants then sought leave to withdraw the Application with liberty to adopt appropriate proceedings. 3.

The Interim Application is accordingly disposed of. The liberty as prayed for is granted.

[ARIF S. DOCTOR, J.] Areeb