The High Court of Bombay redressed the petitioners'' grievance by recording a statement from the respondents that demarcation would be conducted. The Court did not decide on merits, leaving parties to challenge demarcation disputes elsewhere.
Grievance redressed due to respondent assurance; no merits decided.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp1977.11
1
KJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1977 OF 2011
Kakad Co-op. Housing Society Ltd., ....Petitioners V/s. City Survey Officer, Bandra & Ors. ....Respondents
Mr.navroz Seervai, Sr.Counsel along with Mr.Burgess Colabawalla i/by Desai & Chinoy for the petitioners.
Mr.N.P.Pandit AGP for the respondent nos.1 to 3. Mr.Naushad Engineer along with Ms.Sonal i/by Zohair & Co. for respondent no.4.
Ms.Kainazz Irani i/by Ashok Purohit & Co. for respondent no.5.
CORAM : S.J.VAZIFDAR & K.R.SHRIRAM,JJ
DATE : 12th September , 2013.
P.C. :-
1 Mr.Pandit the learned Counsel appearing on behalf of respondent nos.1 to 3 makes a statement that in the event of the petitioners applying for demarcation of the plots which are the subject matter of this Writ Petition the concerned authority will carry out the demarcation. In view of the statement of Mr.Pandit, the petitioners’ grievance in this writ petition stands redressed. It is not necessary
2 wp1977.11
for this Court to entertain this writ petition any further. Mr.Pandit further states that the demarcation will be carried out provided the application is made in accordance with law including furnishing the names and addresses of the adjoining owners and persons interested in the adjoining properties. The demarcation subject to any orders that may be passed in any other proceedings shall be carried out by 31st December 2013.
2 The learned Counsels appearing on behalf of respondent nos.4 & 5 contend that no demarcation can be carried out in view of the conveyance and the lease deed which are also the subject matter of this writ petition and in view of the rival contentions of the petitioners and respondent nos.4 & 5.
3 It is clarified that this order merely records Mr.Pandit's statement and does not deal with the rival contentions of the parties in any manner whatsoever including the question whether the petitioners are entitled to have the property demarcated or not. If the respondent nos.4 & 5 are aggrieved by the proposed demarcation or the demarcation if any, they are at liberty to challenge the same.
(S.J.VAZIFDAR,J)
(K.R.SHRIRAM,J)
3 wp1977.11
Kakad Co-op. Housing Society Ltd.
City Survey Officer, Bandra & Ors.
S.J.Vazifdar
K.R.Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
