Bombay High Court
Bharti Santosh Bhosale vs Municipal Corporation Of Greater ... on 21 October, 2021
Bench: Bharati Dangre
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH
ANJAKULATH NAIR
NAIR Date: 2021.10.21
19:13:20 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6989 OF 2021
Bharti Santosh Bhosale .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.6990 OF 2021
Sharda Ramchandra Indulkar .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.6992 OF 2021
Prachi Lahu Parab (Heirs & LRs of
Late Chavan Yashwant S.) .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
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ALONG WITH
WRIT PETITION NO.6993 OF 2021
Shweta Anant Shirke & Anr. .. Petitioners
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.6994 OF 2021
Mugdha Dube .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.6996 OF 2021
Lalita K. Bhuvandas (Heir & LR of
Late Shri Bhuvandas K.G.) .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
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ALONG WITH
WRIT PETITION NO.7001 OF 2021
Anandkumar Sadashiv Parab .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.7005 OF 2021
P.S. Shanbag .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.7006 OF 2021
Kadam Sujata Vijay .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
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ALONG WITH
WRIT PETITION NO.7011 OF 2021
Ghag Kashinath Keshav .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.7013 OF 2021
Prakash J. Dalvi & Ors. .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.7014 OF 2021
Sushma Bhanudas Sonanis Thr.
Her PoA Mahesh Bhanudas Somanis .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
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5/9 22-43 WP-6989.21 GROUP.odt
ALONG WITH
WRIT PETITION NO.7015 OF 2021
Vivek Vinayak Gawade .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.7017 OF 2021
Pawar Ashok Dattaram .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.7018 OF 2021
Abhyudaya Bhagwan Landge .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
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6/9 22-43 WP-6989.21 GROUP.odt
ALONG WITH
WRIT PETITION NO.7019 OF 2021
Bakul Kamalkumar Kothare .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.7020 OF 2021
Ashok Shridhar Phodkar .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
ALONG WITH
WRIT PETITION NO.7021 OF 2021
Solanki Pushpa Kisan .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai - Through Municipal
Commissioner & Anr. .. Respondents
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...
Mr. Anish Karande i/b Ms. Sapana Rachure for the petitioners.
Mr. Santosh Parad with Mr. Om Suryawanshi for the respondent-
MCGM in all, except Writ Petition No.6994 of 2021.
Mr. Joel Carlos with Mr. Santosh Parad and Mr. Om
Suryawanshi for respondent-MCGM in Writ Petition No.6994 of
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 21ST OCTOBER, 2021.
P.C:-
1. The petitioners are aggrieved by the judgment dated
13/10/2021 delivered by the City Civil Court for Greater
Mumbai in 18 distinct miscellaneous appeals assailing the order
passed by the Estate Officer under Section 105B of the Mumbai
Municipal Corporation Act, 1888. By the said order, the
applicants were evicted from the subject premises i.e. from their
respective rooms located in Chawl No.B/19, Mithanagar, B.M.C.
Colony, Goregaon (West), Mumbai - 400 104. The impugned
judgment has upheld the said order and has dismissed the
appeals filed by the petitioners.
2. The said order being passed on 13/10/2021, a request was
made before the learned Judge to continue the interim protection,
which was in force for approximately 3½ years since they
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wanted to approach the higher court. On such a request being
made, learned Judge, though not convinced with the said
reasoning of approaching the higher court, continued the interim
protection for a period of two months on account of pandemic
situation and on account of the ensuing festivals. This was
subject to an undertaking from the appellants to the effect that
they would peacefully vacate their respective premises by the
end of two months. The undertaking was to be filed within a
period of one week and it would constitute a condition precedent
for protection of two months. Undisputedly, the period of one
week has expired.
3. The writ petitions, which assail the impugned judgment
passed on 13/10/2021, however, do not annex a copy of the
judgment nor does it include challenge to the same, since a copy
of the impugned judgment was not received by the petitioners.
On receipt of copy of the impugned judgment, the petitioners are
desirous of amending the petitions by placing on record the
impugned judgment and also raising certain grounds challenging
the same.
The petitioners are permitted to amend the writ petitions to
the aforesaid effect and the amendment shall be effected within
one week from today. Re-verification of the petitions on the
amendment, is dispensed with.
4. Since Diwali vacation is commencing, I have left with no
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option, but to list the writ petitions post vacation i.e. on
17/11/2021.
5. As far as the interim protection is concerned, I am of the
view that since learned Judge of the City Civil & Sessions Court
has already granted a protection from eviction for a period of
two months from 13/10/2021 i.e. till 13/12/2021, I need not grant
any further protection. However, at the same time, since the
protection granted is subject to the stipulation of filing an
undertaking by the petitioners and the time for filing the
undertaking has expired, a simple direction to the effect of
extending the time allowed for filing the undertaking, shall serve
the necessary purpose. The time to file undertaking granted by
learned Judge on 13/10/2021 shall stand extended upto
27/10/2021.
6. Needless to say that the said undertaking shall be subject to
the outcome of the writ petitions, as the writ petitions pose a
challenge to the impugned judgment.
7. Re-notify for 17/11/2021.
[SMT. BHARATI DANGRE, J.]
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