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Bombay High Court

Jansukh Apartment Co Operative Housing ... vs The Mumbai Municipal Corporation Of ... on 21 April, 2023

Author: G. S. Kulkarni

Bench: G. S. Kulkarni

2023:BHC-OS:3253-DB



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            ORDINARY ORIGINAL CIVIL JURISDICTION

                              WRIT PETITION NO.1251 OF 2023
                                          WITH
                         INTERIM APPLICATION (L) NO.10909 OF 2023

         Jansukh Apartment Co-operative
         Housing Society Limited                                     ...Petitioner
               V/s.
         The Mumbai Municipal Corporation
         of Greater Mumbai & Ors.                                   ...Respondents

                                    ...
         Mr. R. D. Soni a/w Dharam Sharma, Mrs. Uma Sharma i/b. Dharam &
         Co. for the petitioner.

         Mr. Kunal Waghmare for MCGM.

         Mr. Bhavin Gada a/w Vasim Shaikh, Suraj R. Shukla for respondent no.5.

         Mr. Dishang Shah i/b. P.M. Shah for respondent no.6.
                                       ...

                                                   CORAM : G. S. KULKARNI AND
                                                           KAMAL KHATA, JJ.

DATED : 21ST APRIL 2023.

P.C. :

1. This is an Interim Application filed in a disposed Writ Petition.

The said application will not be maintainable, hence, keeping all contentions of the petitioner-applicant to adopt appropriate proceedings, we dispose of this application.

2. The grievance of the applicant is that some construction is illegally 1/2

907.wp-1251-23.doc wadhwa ::: Uploaded on - 21/04/2023 ::: Downloaded on - 22/04/2023 15:55:25 ::: being carried out by respondent nos.5 & 6. If this be so, it is for the petitioner-applicant to take recourse of such remedies as available in law.

3. All contentions of the parties are expressly kept open.

4. Interim Application disposed of.

(KAMAL KHATA, J.) (G.S. KULKARNI, J.) 2/2

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