Bombay High Court
Surendraprasad Suryanarayan Pande vs Shantidevi Mrutunjay Mishra on 3 April, 2019
Author: R.G. Ketkar
Bench: R.G. Ketkar
505-515-4140-2019.odt
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
WRIT PETITION NO.4140 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
B.R. Karkera ] Respondent
WITH
WRIT PETITION NO.4141 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Hiralal Bhuidhar Pal ] Respondent
WITH
WRIT PETITION NO.4142 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
P. Loknath Shetty ] Respondent
WITH
WRIT PETITION NO.4143 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Madhu Himmat Singh ] Respondent
WITH
WRIT PETITION NO.4144 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Shanta Padnabhant ] Respondent
WITH
WRIT PETITION NO.4145 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Bhavarsingh Ganpat Singh ] Respondent
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505-515-4140-2019.odt
WITH
WRIT PETITION NO.4146 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Suresh Sadhashiv Gayakwad ] Respondent
WITH
WRIT PETITION NO.4147 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Subhawanti P. Pandey ] Respondent
WITH
WRIT PETITION NO.4148 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Subhedar S. Mishra ] Respondent
WITH
WRIT PETITION NO.4149 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Shantidevi Mrutunjay Mishra ] Respondent
WITH
WRIT PETITION NO.4151 OF 2019
Surendraprasad Suryanarayan Pande ] Petitioner
Vs.
Parasnath Pandey ] Respondent
.....
Mr. A.R. Pande, learned Counsel for the Petitioners.
.....
CORAM : R.G. KETKAR, J.
DATE : 3RD APRIL, 2019.
P.C. Not on board. At the request of Mr. Pande, taken up in the production board.
2. Heard Mr. Pande, learned Counsel for the Petitioners.
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3. These Petitions take exception to the order dated 7 th January, 2017 passed by the Trial Court and order dated 19 th November, 2018 passed by the Appellate Bench of the Court of Small Causes at Mumbai whereby the applications made by the petitioner/plaintiff in each suit for injunction restraining the respondents/defendants in each suit from selling/disposing off/subletting/assigning/creating/alienating and/or parting with possession of the suit premises and/or creating and third party right of whatsoever nature in respect of the suit premises, executing any agreement for the development/redevelopment of the suit premises and inducting any third person in the suit premises, creating any third party right in the suit premises including the right of development, parting with the possession of the suit premises, permitting the demolition of the suit premises and/or permitting any sort of construction to be made at the place of the suit premises was rejected.
4. Mr. Pande submitted that by refusing injunction, the defendants and the developer will demolish the suit premises and allot permanent alternate accommodations to the defendants on ownership basis. The suits instituted by the petitioners will be rendered infructuous.
5. In view thereof, list the Petitions for admission on 10th April, 2019, to be listed in the supplementary board. The parties will address on the issue as to whether the impugned orders can be modified by directing that in case, the plaintiff succeeds in the suits, premises alloted to the defendants in lieu of the suit premises can be alloted to the plaintiff/landlord. The petitioner shall give private notice to the respondents enclosing copy of this order.
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