Disposed

Gajanan Krishana Gawde and Ors. v. Union of India and Ors.

Bombay HC20 Mar 2014NMW/414/2018

Case brief

AI extract

What is this about?

Applicants filed a notice of motion seeking eviction of petitioners from Gawde Building and expedited hearing of Writ Petition No. 714/1997. Court deferred eviction direction due to pending SLP in Supreme Court and fixed final hearing date.

What did the court decide?

Eviction direction deferred; Writ Petition No. 714/1997 fixed for final hearing commencing 28th April 2014.

Gajanan Krishana Gawde and Ors. Vs Union of India and Ors. — Bombay HC (2014) — LawSathi Research

¶1

NMWL. 189-14

¶2

VPH

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶4

NOTICE OF MOTION (L) No. 189 OF 2014 IN WRIT PETITION No. 714 OF 1997

¶5

Union of India & Anr. … Applicants In the matter of

¶6

Gajanan Krishna Gawde & Ors. ... Petitioners Vs. Union of India & Ors. ... Respondents ***

¶7

Ms. Rebecca Gonsalvez, for the Applicants.

¶8

Mr. Gunjan Shah i/b S. K. Srivastava & Co., for the Petitioners. Mr. Y. R. Mishra, for Respondent No. 5.

¶9

Mr. D. A. Nalawade, Govt. Pleader for Respondent No. 6.

¶10

¶11

CORAM : V. M. KANADE, & A. K. MENON, JJ. DATE : MARCH 20, 2014 PC.

¶12

This Notice of Motion is taken out by Respondent Nos. 1 and 2, seeking following reliefs:

¶13

“(a) That this Hon'ble Court be pleased to direct the occupants of Gawde Building situated at T/40, Azad Road, Juhu Koliwada, Mumbai-49 to vacate the said building immediately, considering the grave danger to

¶14

1 / 2

¶15

NMWL. 189-14

¶16

the occupants lives and property.

¶17

(b) That this Hon'ble Court may be pleased to expedite the hearing of the Writ Petition No. 714/1997, and fix a date for hearing and final disposal of the petition at the earliest.”

¶18

So far as prayer clause (a) is concerned, we are informed that the occupants of the said building have filed the Special Leave Petition in the Apex Court, challenging the order passed by the Division Bench of this Court dated 11.7.2007 and the Apex Court has directed that status-quo should be maintained. That being the position, it will not be possible for us to give any direction in terms of prayer clause (a). Liberty, however, is granted to the Applicants to approach the Apex Court and get the said order modified and / or clarified. Liberty is also granted to the Applicants to approach this Court in the event said order is modified and / or clarified by the Apex Court.

¶19

So far as prayer clause (b) is concerned, Writ Petition No. 714 of 1997 is pending since 1997. Petition be placed for final hearing in the week commencing from 28^th April, 2014. Notice of Motion is, accordingly, disposed of.

¶20

Vinayak Halemath

¶21

2 / 2

Gajanan Krishana Gawde and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Gajanan Krishana Gawde and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Rachana Sansad'S Academy of Architecture and Anr. Vs State of Maharashtra

Arshiya International Ltd. Vs Sicom Limited

Anil Purushottam Kangutkar and 97 Others Vs State of Maharashtra and 5 Ors.

H. Rehman Khan Vs the State of Maharashtra and Ors.

Dawoo Krishna Cawade and 20 Ors. Vs the State of Maharashtra

Dr.a.v.Patankar Vs University Grants Commissione and Ors.