The court disposed of the review petition by ordering the four brothers to file applications for regularization of their structures within three weeks, directing CIDCO to decide within eight weeks, and leaving the original order unaltered.
Parties directed to approach CIDCO for regularization within three weeks; CIDCO to decide within eight weeks.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Digitally signed by VASANT VASANT ANANDRAO ANANDRAO IDHOL IDHOL Date: 2024.01.12 14:29:10 +0530
REVIEW PETITION NO.3 of 2023 IN SECOND APPEAL NO.756 OF 2016 WITH INTERIM APPLICATION NO.18057 OF 2023 IN SECOND APPEAL NO.756 OF 2016
Ashok G. Shelke
...Appellant
V/s.
Suresh G. Shelke & Ors. ...Respondents
WITH INTERIM APPLICATION NO.18057 OF 2023 IN REVIEW PETITION NO.3 of 2023 IN SECOND APPEAL NO.756 OF 2016
Suresh G. Shelke & Ors. ...Appellants V/s.
Ashok G. Shelke ...Respondent
Mr.Atul G. Damle, Senior Counsel i/b Ashoka Law Firm for the Appellant.
Mr.Prasad K. Dhakephalkar, Senior Counsel i/b Mr.Bhalchandra S. Shinde for the Applicants in IA No.18057 of 2023.
CORAM : RAJESH S. PATIL, J. DATE : 19TH DECEMBER, 2023.
P.C. :-
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7-rps3-23speaking.doc
the original Plaintiff, challenging the order dated 30 August 2019 passed in Second Appeal No.756 of 2016, on various grounds. After hearing the matter for some time, both the Senior Advocates agree that if all the four brothers i.e. Ashok Ganu Shelke (Original Plaintiff), Suresh Ganu Shelke (Original Defendant No.4), Namdeo Ganu Shelke (Original Defendant No.2) and Krishna Ganu Shelke (Original Defendant No.3) are allowed to prefer a fresh application for regularization of their structure which fall within the land admeasuring 1175 sq. mtr., the CIDCO who is the planning authority would decide regularization of such structure as per Rules and Regulations of CIDCO. The Review Petition is accordingly disposed of with following directions :-
(a). Applications for regularization can be filed by the above mentioned four persons viz. Ashok Ganu Shelke, Suresh Ganu Shelke, Namdeo Ganu Shelke and Krishna Ganu Shelke within a period of three weeks from today.
(b). CIDCO will make an attempt after taking all the documents on record from the above mentioned four persons and hearing them in person or through a lawyer, to decide their application within a period of eight weeks from today.
(c). Rest of order passed on 30 August 2019 passed in Second Appeal No.756 of 2016 remains unaltered.
This order is corrected as per speaking to the minutes of the order dated 22 December 2023.
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and Krishna Ganu Shelke by all possible means of service by the
Applicants within a period of one week from today.
(RAJESH S. PATIL, J.)
This order is corrected as per speaking to the minutes of the order dated 22 December 2023.
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1 issue framed by the court
Whether to dispose of the review petition by directing the parties to file an application for regularization of their structures with the CIDCO.
Ashok G. Shelke
Suresh G. Shelke & Ors.
Rajesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
