Mira Real Estate Developers vs The Union Of India And Ors
2021 Latest Caselaw 9116 Bom

                                           1    / 2                          24-WP-ST-11164-2021.odt

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                         WRIT PETITION (ST) NO. 11164 OF 2021
Hira Real Estate Developers                                ...       Petitioner
          Versus
The Union of India and others                              ...       Respondents
                                               .........
Mr. Girish Godbole alongwith Ms. Rutuja Patil and Ms. Radhika Venugopal instructed
by Negandhi Shah and Himayatullah for the Petitioner.
Mr. R.S. Apte, Senior Advocate alongwith Mr. Aditya Thakkar and Mr. Anil Yadav for
the Respondent No.1.
Ms. M.P. Thakur, AGP for the State.
                                      .........
                                 CORAM :       S.J. KATHAWALLA AND
                                               MILIND N. JADHAV, JJ.

                                 DATED :       JULY 13, 2021.
                                               (Through video-conferencing)
P.C. :-

1. In the above Writ Petition, we had earlier heard the Learned Advocates for the

parties at some length. However, the Writ Petition was later adjourned since the

Learned Advocate appearing for Respondent No.1 - Union of India submitted that the

Judgment dated 13th April, 2018 passed by the Learned 7th Joint Civil Judge, Senior

Division, Thane at Thane dismissing Spl. Civil Suit No.771 of 2011 filed by the Union

of India is impugned before this Court by way of a First Appeal being No.1430 of 2019

which Appeal will be listed shortly before the appropriate Bench for Admission and for

ad-interim/interim reliefs.

Kanchan P Dhuri



                                          2    / 2                           24-WP-ST-11164-2021.odt

2. Though the First Appeal is now admitted, and notice is issued to the

Respondents and made returnable on 20th August, 2021, no ad-interim relief directing

the parties to maintain status-quo in respect of the subject property is granted by the

Appellate Court.

3. Learned Senior Advocate Shri Apte representing the Respondent No.1 - Union

of India has requested for some time to file an Affidavit in Reply since according to

him, granting any relief in the above Writ Petition will result in the First Appeal

becoming infructuous. We do not agree with this submission since any order passed

by us in the above Writ Petition will be made subject to the orders passed in the First

Appeal. However, we pass the following order :

(i) Liberty is granted to the Appellant to move the Appellate Court and seek ad-

interim relief/s before the adjourned date.

(ii) Respondent No.2 to file its Affidavit-in-Reply within one week from today.

(iii) Stand over to 30th July, 2021 when the above Writ Petition will be heard finally.

( MILIND N. JADHAV, J. )                                  ( S.J. KATHAWALLA, J. )




Kanchan P Dhuri