Partly allowed

Deepak Shashidhar Golappanvar v. Mrs. Meenakshi Amit Jain and Ors.

Bombay HC22 Jan 2020WP/1011/2020

Case brief

AI extract

What is this about?

The High Court held the writ petition maintainable was not the proper remedy as the eviction order was appealable. The Court allowed 10 days for the petitioner to file an appeal in the District Court with interim relief; if not filed, the ad-interim order would be vacated.

What did the court decide?

Petitioner granted 10 days to withdraw petition and file an appeal with interim relief in District Court.

Deepak Shashidhar Golappanvar Vs Mrs. Meenakshi Amit Jain… — Property and Title | Bombay HC (2020)

¶1

908-WPST.14.2020.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

WRIT PETITION (ST) NO. 14 OF 2020

¶4

Mr.Deepak Shashidhar Golappanvar } Petitioner versus Ms.Meenakshi Amit Jain and Ors. } Respondents

¶5

Mr.Sandeep Mishra for the petitioner.

¶6

Dr.Milind Sathe-Senior Advocate with Mr.Bhushan Deshmukh, Ms.Shyamali Gadre, P.Lokegaonkar and Ms.Tanvi Doshi i/b. M/s.Little and Co. for respondent nos. 2 and 3.

¶7

CORAM :- S. C. DHARMADHIKARI & R. I. CHAGLA, JJ.

¶8

DATED :- JANUARY 22, 2020

¶9

P.C. :-

¶10

This writ petition was placed before us at the request of respondent nos. 2 and 3. It was placed before us because respondent nos. 2 and 3 are prejudiced by the ad-interim order dated 10^th January, 2020. They cannot act upon or in furtherance of an order of eviction passed under the provisions of the Mumbai Government Premises (Eviction) Act, 1955. That order has been passed on 11^th December, 2019.

¶11

When this aspect was brought to our notice, we listed this case out of turn. After it was placed on today’s Supplementary

¶12

Page 1 of 2

¶13

J.V.SALUNKE,PS

¶14

908-WPST.14.2020.doc

¶15

Board and called out, the advocate appearing for the petitioner fairly said that this writ petition was not the remedy of the petitioner to question the eviction order. There is an appeal provided in the applicable law against this order of eviction and that appeal lies to the District Court. The petitioner would present such an appeal and to enable him to present it, for a period of 10 days, the order passed by this court should be continued is the request.

¶16

After hearing both sides and since it is conceded that this writ petition is filed to challenge the eviction order, which is appealable, we dispose it of on the ground that the petitioner has alternate and equally efficacious remedy of appeal to challenge this order. If the petitioner presents an appeal and moves for interim relief therein within a period of 10 days from today, he should not be evicted till the application for interim relief is heard by the District Court. If the petitioner does not file any appeal or move as above, the order passed on 10^th January, 2020 on this petition shall stand vacated forthwith without any further reference to the court.

¶17

(R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.)

¶18

Page 2 of 2

¶19

J.V.SALUNKE,PS

Deepak Shashidhar Golappanvar v. Mrs. Meenakshi Amit Jain and Ors.

Case brief

What is this about?

What did the court decide?

Deepak Shashidhar Golappanvar v. Mrs. Meenakshi Amit Jain and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rajwant Kaur Vs Union of India and Anr.

Salman Nafis a Qureshi Vs the Principal of Mmk College and 2 Ors.

Mr. Shriniwas Gajanan Marathe Vs Shri. Manish Dalvi, Chairperson

Ritu Ruhil Vs the Central Board of Film Certification and 2 Ors.

S. G. Barnes Vs the Commissioner of Bmc 5 Ors.

Red Crescent Society of Mumbai Vs State of Maharashtra and 3 Ors.