Eknath Vithobaji Gulhane vs Santaji Nagar Co-Operative ...
2023 Latest Caselaw 10690 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR

                               Writ Petition No.7012/2023
        Eknath V Santaji Nagar Co-operative Housing Development Society and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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Mr. V.R. Deshpande, Adv for petitioner.

CORAM : AVINASH G GHAROTE J.

DATE : 16-10-2023

The petition questions the judgment dated 03- 10-23 passed by the District Judge-5 Amravati in MCA Nos.41/22 and 52/22, whereby the order below Exh-5 passed by the learned trial Court dated 04-02-22 (pg 285), has been quashed and set aside and Exh-5 has been dismissed (pg 320). It is contended by Mr. Deshpande, learned Counsel for the petitioner that the petitioner is the owner of plot no.37 in the lay out of respondent no.1 which admeasures 312.2 sq.mtrs, however, that has been incorrectly shown as admeasuring 2957 sq. fts (pg 305). It is also contended that the measurement of the property has been done by the Amravati Municipal Corporation behind the back of the petitioner and the entire action, is attributed to one Kamlakar Mandve/respondent no.8 which is the owner of adjacent plot no 36 whose son is an employee of the Amravati Municipal Corporation at whose behest the entire action has been taken. It is contended that learned Appellate Court without considering the factuality of the matter has allowed the appeal. It is further contended that the lay out has been wp 7012.23. 2/2 4

revised time to time and last revised lay out plan to indicate the correct area was never placed on record.

2. Issue notice for final disposal, returnable on 26-10-2023. The petitioner shall serve the respondents by all modes permissible in law including hamdast.

3. Till the returnable date, by way of an ad-interim order the action of demolition by the Amravati Municipal Corporation on the basis of notice dated 25-06-21 (pg 123) shall stand stayed.

JUDGE Deshmukh

Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 16/10/2023 18:30:53