Disposed

Shri. Prahlad Ramhari Nalawade and Ors. v. Smt. Namrata Nandkumar Mayekar and Ors.

Bombay HC21 Apr 2014CAW/1109/2014

Case brief

AI extract

What is this about?

This order allows an application to implead flat purchasers as respondents in an existing writ petition and grants them permission to occupy the flats subject to existing court orders.

What did the court decide?

Applicants impleaded as respondents; entitled to occupy purchased flats subject to compliance with earlier order dated 25th February 2014.

Shri. Prahlad Ramhari Nalawade and Ors. Vs Smt. Namrata Nandkumar Mayekar and Ors. — Bombay HC (2014) — LawSathi Research

caw-1109.14

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.1109 OF 2014 IN

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WRIT PETITION NO.2890 OF 2013

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Shri Prahlad Ramhari Nalawade and others … Applicants In the matter between Smt. Namrata Nandkumar Mayekar and others … Petitioners Vs. State of Maharashtra and others ... Respondents

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Mr. Rajesh S. Patil, for the Applicants. Mr. Madhav Jamdar, for the Original Petitioners. Mr. V.S. Gokhale, AGP, for Respondent Nos.1 and 2.

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CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 23^rd APRIL, 2014

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P.C.

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. Heard the learned counsel appearing for the Applicants and the learned counsel appearing for the Original Writ Petitioners. The Applicants are claiming to be allottees/purchasers of the flats. The prayer made by the learned counsel appearing for the Applicants is that the Applicants may be impleaded as Respondents in the Writ Petition and they may be permitted to occupy the respective flats purchased by them in accordance with the order dated 25^th February, 2014.

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Going by the averments made in the Application, the case

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of the Applicants appears to be on par with Respondent Nos.5 to 30 in

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1 of 2

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2 caw-1109.14

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the main Writ Petition. If the Applicants are the purchasers, it is in the interest of the Writ Petitioners also that they are impleaded as parties to the Petition. Therefore, the application will have to be allowed in terms of prayer clauses (a) and (c).

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Accordingly, we pass the following order :-

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ORDER

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(i) Applicants shall be impleaded as party Respondents in the main Writ Petition. Amendment to be carried out to the main Petition within a period of three weeks from today;

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(ii) The Applicants shall be entitled to occupy the respective flats purchased by them subject to compliance with the terms and conditions incorporated by this Court in paragraph 7 of the order dated 25^th February, 2014 passed in the Writ Petition;

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(iii) Time of three weeks to file undertaking in terms of the order dated 25^th February, 2014 shall be reckoned from today;

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(iv) Application is disposed of on above terms;

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(v) We make it clear that prayer clause (b) stands rejected.

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(A.A. SAYED, J ) (A.S.OKA, J )

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Shri. Prahlad Ramhari Nalawade and Ors. v. Smt. Namrata Nandkumar Mayekar and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Prahlad Ramhari Nalawade and Ors. v. Smt. Namrata Nandkumar Mayekar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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