Shri. Narendra Babarao Deshmukh ... vs Shri. Becharbhai Jivabhai Patel ...
2023 Latest Caselaw 8365 Bom

                                   904-IA-13226-2023-WP-7868-2022-WP-10904-2022.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                    INTERIM APPLICATION NO.13226 OF 2023
                                     IN
                       WRIT PETITION NO.7868 OF 2022

 SMT. SHANTA BABARAO DESHMUKH    )
 (since deceased)                )
 SHRI. NARENDRA BABARAO DESHMUKH )
 AND ANOTHER                     )...APPLICANTS

          V/s.

 SHRI. BECHARBHAI JIVABHAI PATEL                   )
 AND OTHERS                                        )...RESPONDENTS

                                      WITH
                          WRIT PETITION NO.10904 OF 2022

 Mr.Narendra Deshmukh - Petitioner appearing in person in both Writ
 Petitions.
 Mr.Akshay Kandalkar i/by Mr.R.S.Datar, Advocate for the Respondent
 No.6 in WP/10904/2022.
 Mr.Bhavin Bhatia a/w. Mr.Nirav Karia, Advocate for Respondent No.2 in
 WP/7878/2022.
 Mr.R.Y.Sirsikar, Advocate for the Respondent No.5 in WP/10904/2022.

                               CORAM        :      ABHAY AHUJA, J.

                               DATE         :      18th AUGUST 2023

 P.C. :

1. This Interim Application filed in the two Writ Petitions viz. Civil

Writ Petition No.7868 of 2022 and Civil Writ Petition No.10904 of 2022

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in R.A.D. Suit No.924 of 2006 seeking the following reliefs :

"A) The Administrative order of the Assignment made of the Hon'ble Acting chief Justice dated 15/3/2023 in the w.p. No.7868 of 2022 may pleased with be fair judicially reviewed urgently & thereby if deemed fit & proper to do so do refer the w.p. Nos. 7868 of 2022 & W.P. No.10904 of 2022 to the Hon'ble Acting Chief Justice/Chief Justice with request to assign both the writ petitions to a Division Bench or a larger Bench as per the remedies & on the basis of the relevant provisions of the CHAPTER I RULE 8 (previously Rule &) of the BOMBAY HIGH COURT APPELLATE SIDE RULES 1960 r/w the CHAPTER XXX RULE 3 & CHAPTER XXXI RULE 4(D) etc of the said H.C. Rules.

B) The urgent emergent Temporary EQUITY injunction be granted in the form of Ad-Interim or Interim reliefs & remedies till disposal of the w.p. Nos.

7868 of 2022 & w.p. No.10904 of 2022 & while disposing of the w.p. No. 10904 of 2022 further extended of the said such temporary equity injunction till disposed of the prolong pending LAWFUL URGENT INJUNCTION APPLICATION NO.67 OF 2014 date 21/6/2014 in the Hon'ble Rent Court of Small Causes at Bandra M.S.D. thereby restraining and prohibiting the Respondent Nos. 2&3 & their LAXMI DEVI DEVELOPERS / LAXMI DEVI DEVELOPERS PVT. LTD & ITS ALL DIRECTORS & any workers employees agents contractors & other person/s acting or claiming through or under them & FOR & on their behalf & in their name & the Respondents Nos. 5 (five) B.M.C. its Engineer Commissioners officers, servant workers employees agents contractors etc from the granting of & receiving the BUILDING OCCUPATION CERTIFICATE & BUILDING FIRE SAFTY NOC & CERTIFICATE/s & DRAINAGE CERTIFICATE & ANY OTHER CERTIFICATE & NOCS required according to the relevant & applicable in

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respect of the disputed subjudiced 7 (seven) storeyed Building redeveloped on the disputed land suit premises subjudiced & disputed Building site suit premises subjudiced in the RAD suit No.924 of 2006 under The MAHARASHTRA RENT CONTROL ACT 1999 & ITS RULES; bearing the C.T.S. No.431, VILLAGE pahadi Goregaon (west) TALIKA Borivali District. Mumbai suburban & also bearing the Plot No.314, Jawahar Nagar, Road No.17, Goregaon (west) Mumbai :-400104; AND bounded by Towards East The Road No.17 & the Plot No.326, TOWARDS WEST the Plot No.309 TOWARDS NORTH THE PLOT No.313 & TOWARDS south the Plot No.315 AND The Respondent Nos. 4 & 5 & their Developers be further restrained & prohibited as do not conduct & carry on any building activities & operations internally & externally in respect of the disputed entire 7(seven) storeyed Redeveloped Buiding & do not alternate assign transferred and create any third party interest in any way means & manner in respect of any particles & parcel of the entire disputed Redeveloped Building subjudiced & do not prohibit or restraint the writ petitioners in any manner from putting up & affixed firmly IN RESPECT OF ALL THE SUBJUDICED DISPUTED PROPERTIES FAIR NOTICE BOARD/s admeasuring of size 3 ' ft x 4 ' ft. at any conspicuous part of the disputed properties subjudiced at the cost & expenses of the writ petitioners in protecting the General public interest & in protecting the interest of any prospective residential flat or commercial Non- Residential built up areas innocent Buyers relating to the said disputed entire 7(seven) storeyed Redeveloped Building & the disputed land suit premises subjudiced. AND

C) The Respondent Nos.2,3,& their Developers & the Respondent No.5 BMC & its all Engineers commissioners servant workers employees Agents & contractors AND ANY PERSON ACTING IN THEIR NAME

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THROUGH UNDER FOR & FOR & ON BEHALF OF ANY OF THEM BE further ordered & directed Maintained the STATUS QUO in respect of the disputed properties subjudiced in the RAD suit No.924 of 2006 as per the STATUS QUO ORDER of the Hon'ble Rent Court DATED 31/10/2015 maintained continued effective & operative till 20/7/2023 AND

D) The Senior police officer in charge of the Local police station at the Goregaon (west) S.V. Road Mumbai suburban District & its all commissioners & the commissioner of Mumbai police be directed & instructed to render all help & assistance to the writ petitioners in strict compliance & secured full complete proper & effective implementations & executions of the temporary equity order of Injunction of the Hon'ble High Court from time to time in order to maintained the STATUS QUO PEACEFULLY & PEACEABLY & implementations of the temporary equity injunction with a reasonable police force exercised if necessary at all the disputed properties subjudiced herein scrupulously until further order/s;

E) It be really appreciated that in the absence of the temporary equity Injunction granted to the plaintiff writ petitioners, the writ petitioners shall be constantly & continuously be compelled & constrained very lightly & casually by the Respondents Defendants in the RAD suit No.924 of 2006 to make further applications after applications & plenty of applications to the courts seeking reliefs & remedies legally & lawfully as already been done & doing & being experienced in the past 18 years by the plaintiff writ petitioner at the unfair & unreasonable illegal acts & conducts of the Respondents Defendants freely uncontrolled unstoppingly resulting in reached the EXHIBIT NO.348 in the RAD suit thereby causing a lot of vexations harassment hardship inconveniences mental & physical agonies distress pains & huge costs & expenses unsustainable to any ordinary

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litigants in courts of law & justice system of the Courts as nearly unaffordable & unsustainable in law & justice according to law.

F) The stay of the execution of the void voidable invalid impugned dismissal order cum preliminary not final & conclusive judgment of the Hon'blel Justice shri Rajesh G. Ketkar dated 9/10/2018 be granted in view of the several orders of the Rent Court dated & the Rent Appeal Court annexed herewith as t5he Annexures Exh. "R" "S" "T" "U" without any prejudice caused & under protest ; OR IF DEEMED FIT & PROPER THE JUDICIAL PROCEEDINGS OF THE MISC. APPEAL COURT IN M.APPEAL NO./81 OF 2017 & REVISION APPLICATION NO. 38 OF 2017 OF THE RENT COURT be stayed temporarily for time being till the impugned void erroneous bad judgment precedent of the High Court 2003(1) MH.L.J. 203 & 2015(2) Mh.L.J. 167 is quashed & declared void by a D.B. of the H.C. in the interest of doing justice according to law & prevent ends of justice getting defeated & avoid abuse of process of law & court of law & justice & avoid gross grave serious & substantial injustices & miscarriage of justices etc to the plaintiff writ petitioners at the instances of the Court itself;

G) The costs be ordered in doing complete justice.

H) Any other order directions instructions be granted incidentally as justified & warrant by facts & circumstances of the writ petitions & as may be deemed fit & proper to grant in the interest of justice & avert any gross grave & serious injustice & miscarriage of justice in the writ petitions.

2. A bare perusal of these reliefs compared to the reliefs sought in

the Writ Petitions indicates that these reliefs are beyond the purview

and scope of the Writ Petitions filed. The reliefs sought in this Interim

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Application also appear to be in the nature of administrative directions

amenable to jurisdiction under the administrative side of this High

Court.

3. Let the Registry verify whether Application of this nature pertains

to the assignment of this Court. Till then, the Interim Application as

well as the Writ Petitions are removed from the board.

                                          (ABHAY AHUJA, J.)




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