Writ petition challenging rejection of an application before the Tribunal seeking modification of its earlier order to permit the petitioner to occupy a disputed flat. The Court found no provision under the Act permitting the Tribunal to modify its orders, noted prior liberty granted, and dismissed the petition.
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.
14.7879.23 wp.docx
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7879 OF 2023
Jayesh Dharamdas Jhaveri .....Petitioner
Vs.
Smt. Nirmala Dharmadas .....Respondents Jhaveri and another
Mr. Amit Sale for the petitioner Mr. Vimal Sanghavi for respondent no. 1
CORAM : GAURI GODSE, J. DATE : 8th JANUARY 2024.
P.C.
order passed by the Tribunal on the ground that respondent no. 1 is not occupying the disputed premises.
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this Court by Order dated 17th December 2021 in Writ Petition No. 6916 of 2021.
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14.7879.23 wp.docx
in law.
[GAURI GODSE, J.]
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2 issues framed by the court
Whether the Tribunal had power under the Act to modify its earlier order rejecting the petitioner's claim to occupy the disputed flat.
Whether the impugned order rejecting the modification application was illegal or infirm.
Jayesh Dharamdas Jhaveri
Smt. Nirmala Dharmadas Jhaveri
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
