Mr. Santosh Pandurang Malgaonkar v. the Mumbai Building Repair Reconstruction Board Thr. Its Chief Officer R and R and Others
Case brief
What is this about?
Possession protection sought after demolition of suit structure; plot reported as already allotted (statement of MHADA advocate recorded in impugned order); notice of motion lacked any prayer for protection before trial court; leave to withdraw granted with liberty to approach trial court; interim direction barring dispossession for one week if not yet dispossessed; appeal and interim application disposed of as withdrawn; High Court of Judicature at Bombay, Civil Appellate Jurisdiction, Gauri Godse, J.; Appeal From Order No. 325 of 2025; Interim Application No. 8516 of 2025; dated 17-06-2025; parties: Santosh Pandurang Malgaonkar v. Mumbai Building Repair Reconstruction Board through Chief Officer R and R and Ors; keywords: notice of motion, interim application, MHADA, trial court, liberty, dispossession, withdrawal, interim relief.
What did the court decide?
Leave to withdraw the appeal and interim application with liberty to file an appropriate application before the trial court for protecting the appellant's possession; interim direction that the appellant shall not be dispossessed for one week from the date of the order, if not yet dispossessed.