Gregory Francis Dais And Ors vs State Of Maharashtra Through ...
2021 Latest Caselaw 3796 Bom

                                                        9 - WP (St.) 1277 OF 2021

VPH
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION


                     WRIT PETITION (St.) No. 1277 OF 2021

      Gregory Francis Dais & Ors.                   ...     Petitioners
             Vs.
      State of Maharashtra & Anr.                   ...     Respondents
                                         ***
      Mr. Nitin Gangal a/w Nachiket Tarde, Namita Mestry, Ashok Kada &
      Prerna Shukla, for the Petitioners.
      Ms. Yogita Deshmukh, for the Respondent No. 2.
                                         ***

                                       CORAM : S. J. KATHAWALLA &
                                               VINAY JOSHI, JJ.

                                       DATE      : MARCH 1, 2021

      PC :

1. By the above petition, the petitioners are seeking following

reliefs:

"(a) Rule be issued and record and proceedings from the fle of Respondent No. be called for;

(b) This Hon'ble Court be pleased to issue Writ of Certiorari or any other Writ, Order or direction in the nature of Certiorari and be pleased to quash and set aside the Orders impugned dated 4.9.2020 bearing No. PD/LA/MVEH/SR01/2020 (at exhibit D to the Petition) and 6.1.2021 bearing No. PD/LA/ Expressway /KW/1815/2021 (at exhibit F to the Petition) passed by

1 / 4 9 - WP (St.) 1277 OF 2021

Respondent No. 1 and be pleased to direct Respondent No. 1 to refer the dispute between Petitioners and Respondent No. 2 to the Principal Judge, Civil Court i.e. CJSD, Palghar;

(c) Pending hearing and fnal disposal of the present Petition, this Hon'ble Court be pleased to restrain Respondents from disbursing and procuring the compensation in respect of acquisition of the property in dispute at Survey No. 62, having an area admeasuring 0-H and 32.96 R, situate at village Sonave, Talathi Saja Pargaon, Dist. Thane acquired for the purpose of Mumbai Vadodara Express Way, from themselves or from any person/s, agents, representatives, assigns claiming through them;

(d) This Hon'ble Court be pleased to stay the execution of the Orders impugned dated 4.9.2020 bearing No. PD/ LA/ MVEH/SR01/2020 (at exhibit D to the Petition) and 6.1.2021 bearing No. PD/LA/ Expressway/KW/ 1815/2021 (at exhibit F to the Petition) passed by Respondent No. 1;

(e) Interim and ad-interim reliefs in terms of prayer (c and

d) above be granted;

(f ) Costs of the present Petition be granted in the favour of Petitioners;

(g) Such other and further reliefs in favour of the Petitioners as this Hon'ble Court be deem just, legal and proper."

2. When the above writ petition was fled and the above

2 / 4 9 - WP (St.) 1277 OF 2021

prayers were sought from this Court, by a judgment and decree dated

4th January, 2021 passed by the learned Civil Judge, Sr. Division,

Palghar, the plaint in Special Civil Suit No. 32 of 2020 , fled by the

Petitioners, was rejected under Order VII, Rule 11 (d) of the Civil

Procedure Code, 1908. An appeal being Civil Appeal No. 1 of 2021

was preferred against the same before the District Judge, Palghar.

3. On the last occasion i.e. on 11 th February, 2021 when the

above writ petition reached hearing, the said Civil Appeal No. 1 of 2021

was pending. The same is now disposed of by a judgment delivered on

25th February, 2021. By the said judgment, the District Judge, Palghar

has set aside the judgment and decree passed by the learned Civil

Judge, Sr. Divn. Palghar dated 4th January, 2021 and restored the suit to

fle. In view thereof, following order is passed:

(i) Liberty is granted to the Petitioners to proceed with the Special

Civil Suit No. 32 of 2020 before the learned Civil Judge, Sr.

Divn. Palghar and seek reliefs prayed therein.

(ii) All contentions of the parties are kept open.

(iii) It is made clear that this order will not preclude the Respondent

3 / 4 9 - WP (St.) 1277 OF 2021

No. 2 (original Defendant ) from impugning the judgment and

order of the District Judge, Palghar dated 25 th February, 2021,

by way of second appeal.

(iv) The Civil Judge, Sr. Divn. Palghar is requested to dispose of the

Special Civil Suit No. 32 of 2020 within a period of one year

from today.

(v) The writ petition is disposed of in the aforesaid terms. Digitally signed by Vinayak P.

Vinayak Halemath P.

Halemath Date:             Sd/-                                              Sd/-
         2021.03.02
         14:34:38     [VINAY JOSHI, J.]                            [S. J. KATHAWALLA, J.]
         +0530




                                                                                         4 / 4