Disposed

Nandkumar Swaminath Pal v. Ganesh Ramesh Chitte and Ors.

Bombay HC28 Nov 2023WP/13858/2023

Case brief

AI extract

What is this about?

This writ petition sought stay of eviction proceedings pending an appeal. The court directed the Grievance Redressal Committee to dispose of the pending appeal within specified time and ordered no coercive steps against the petitioner in the meantime.

What did the court decide?

Directed GRC to dispose Appeal No. 82 of 2023 by 29.02.2024; no coercive steps against Petitioner till disposal; WP disposed of.

Nandkumar Swaminath Pal Vs Ganesh Ramesh Chitte and Ors. — Landlord and Tenant | Bombay HC (2023)

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WP 13858-2023.doc

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Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 13858 OF 2023

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Nandkumar Swaminath Pal .Petitioner

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Vs.

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Ganesh Ramesh Chitte & ors. .Respondents

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Mr. Abhishek Karnik a/w. Ms. Dhanashree Gaikaiwari i/b. M/s. Bilawala & Co., Advocate, for the Petitioner Mr. D. K. Singh a/w. Ms. Durga Rajput, Advocate, for Respondent No. 1

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Mr. Jagdish G. Aradwad (Reddy), Advocate, for Respondent Nos. 2 & 3 -

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Ms. V. S. Nimbalkar, AGP, for Respondent No. 4 – GRC

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CORAM : MADHAV J. JAMDAR, J. DATE : 28.11.2023

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P. C.

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Heard Mr. Karnik, learned counsel appearing for the Petitioner, Mr. Singh, learned counsel appearing for Respondent No. 1, Mr. Aradwad (Reddy), learned counsel appearing for Respondent Nos. 2 & 3 and Ms. Nimbalkar, learned AGP appearing for Respondent No. 4.

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The only apprehension expressed by the learned counsel appearing for the Petitioner is that during the pendency of the Appeal No. 82 of 2023 fled by the Petitioner pending before the Grievance Redressal Committee, the Petitioner will be

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1 of 2

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WP 13858-2023.doc

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evicted and the hut in question will be demolished. In the said Appeal, challenge is to the order dated 17.07.2023 passed by the Additional Collector, Appellate Tribunal, Mumbai City, by which the eligibility of the Petitioner was cancelled and direction was issued to take action to evict him from the premises in question. Learned counsel appearing for the Petitioner submits that the said Appeal is pending since August, 2023 and neither the Appeal nor the Stay Application is taken up for hearing and in the meanwhile, order of eviction is passed against the Petitioner.

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In view of above factual position, Respondent No. 4 – GRC is directed to dispose of the Appeal No. 82 of 2023 on or before 29.02.2024. Till disposal of the said Appeal, no coercive steps be taken against the Petitioner.

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It is clarifed that this Court has not considered the merits and all the contentions on merits are expressly kept open.

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The Writ Petition is disposed of in above terms with

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no order as to costs.

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(MADHAV J. JAMDAR, J.)

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Nandkumar Swaminath Pal v. Ganesh Ramesh Chitte and Ors.

Case brief

What is this about?

What did the court decide?

Nandkumar Swaminath Pal v. Ganesh Ramesh Chitte and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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