Shakuntala T. Amrutkar, Legal Heair and W/O Deceased Tukaram C. Amrutkar vs Pandurang Rambhau Sahane

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sns 16-osia-6549-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO.6549 OF 2025

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IN

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WRIT PETITION NO.729 OF 2024

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Shakuntala T. Amrutkar ] Age: 75 years, ] Legal heir & W/o deceased ] Tukaram C. Amrutkar ] Aged Adult Indian Inhabitant Room No.1. ] 2. Deepak Tukaram Amrutkar ] Aged: 49 years Adult, Indian Inhabitant, ] Room No.2. ] 3. Ramchandran P Unnithan ] Aged: 74 years Adult, Indian Inhabitant, ] Room No.3. ] 4. Sreekumari Ramchandran Unnithan ] Aged: 69 years Adult, Indian Inhabitant, ] Room No.4. ] 5. Raosaheb Rambhau Sahane ] Aged: 80 years, ] Legal heir of deceased Pandurang Rambhau ] Sahane ] Aged: Adult, Indian Inhabitant, ] Room No.5. ] 6. Kashmira Naresh Gada ] Aged: 46 years Adult, Indian Inhabitant, ] Room No.6. ] 7. Vatsala D. Patil ] Aged: 72 years Adult, Indian Inhabitant, ] Room No.8. ] 8. Ramesh Thakkar ] Aged: 66 years, ] Legal Heir of the Deceased ]

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Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 2026.05.06 15:33:33 +0530

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sns 16-osia-6549-2025.doc

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Narm	adaben C. Thakkar	]
Aged	Adult, Indian Inhabitant	]
Room	No.10.	]
9.	Damji Khetshi Shah,	]
Aged:	74 years Adult, Indian Inhabitant,	]
Room	No.13.	]
10.	Lalit Govind Mahida	]
Aged:	64 years Adult, Indian Inhabitant,	]
Room	No.14.	]
11.	Bhavesh H. Mirani	]
Aged:	54 years,	]
Legal	heir of deceased	]
Harsh	ala N.Mirani	]
Aged	Adult, Indian Inhabitant,	]
Room	No.15.	]
12.	Sangeeta Ravindra Makkar	]
Aged:	75 years	]
Legal	heir of deceased	]
Gyanc	hand J. Makkar	]
Aged	Adult, Indian Inhabitant	]
Room	No.17.	]
13.	Tribhuvan S. Parmar	]
Aged:	69 years Adult, Indian Inhabitant,	]
Room	No.18-A.	]
14.	Jigna Damji Chheda	]
Aged:	42 years,	]
Legal	heir of deceased	]
Ramil	a Damji Chheda	]
Aged	Adult, Indian Inhabitant	]
Room	No.18-B.	]
15.	Parbat Raja Ravat	]
Aged:	63 years Adult, Indian Inhabitant,	]
Room	No.19.	]
16.	Jyoti J Pota	]
Aged:	55 years Adult, Indian Inhabitant,	]
Room	No.20.	]
17.	Ajitkumar M. Shah	]
Aged:	67 years & Pratibhaben A. Shah	]

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sns 16-osia-6549-2025.doc

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Both A	dult, Indian Inhabitant,	]
Room	No.24.	]
18.	Shobha C. Kothawade	]
Aged:	62 years Adult, Indian Inhabitant,	]
Room	No.26.	]
19.	Vijay C. Kothawade	]
Aged:	37 years,	]
Legal	Heir of deceased	]
Chand	rakant W. Kothawade,	]
Aged	Adult, Indian Inhabitant	]
Room	No.27.	]
20.	Bhavna J. Chheda	]
Aged:	58 years Adult, Indian Inhabitant,	]
Room	No.29.	]
21.	Murlidhar Ganpat Mane	]
Aged:	69 years Adult, Indian Inhabitant,	]
Room	No.31.	]
22.	Prema S. Shetty	]
Aged:	66 years Adult, Indian Inhabitant,	]
Room	No.32.	]
23.	Sheetal Satish Juthani	]
Aged:	53 years Swati Nitin Gosalia	]
Both A	dult, Indian Inhabitant,	]
Room	No.33.	]
24.	Mohanlal J. Patel	]
Aged:	77 years Adult, Indian Inhabitant,	]
Room	No.35.	]
25.	Pochaiah M. Achha	]
Aged:	67 years Adult, Indian Inhabitant,	]
Room	No.36.	]
26.	Kamal Arvind Pawar	]
Aged:	54 Years, Mr. Sandeep	]
Wama	n Pawar, Both Adult,	]
Indian	Inhabitant,	]
Room	No.37.	]
27.	Parasmal Surajmal Madrecha	]
Aged:	53 years Adult, Indian Inhabitant,	]
Room	No.38.	]

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sns 16-osia-6549-2025.doc

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28. Kamlesh Ram Singh	]
Aged: 68 years,	]
Through C.A. Mr. Pratibha K. Singh	]
Aged Adult, Indian Inhabitant,	]
Room No.39.	]
29. Jivanbabu P. Pandey	]
Aged: 65 years,	]
Through C.A. Mr. Neeraj J. Pandey	]
Aged Adult, Indian Inhabitant,	]
Room No.40.	]
30. Varsha Mukund Jasani	]
Aged: 56 years,	]
Legal heir of deceased	]
Babulal Odhavji Jasani	]
Aged Adult, Indian Inhabitant,	]
Room No.41.	]
31. Varsha Mukund Jasani	]
Aged: 56 years,	]
Legal heir of deceased	]
Mukund B. Jasani	]
Aged Adult, Indian Inhabitant,	]
Room No.42.	]
32. Bharabhai J. Vora	]
Aged: 52 years Adult, Indian Inhabitant,	]
Room No.43.	]
33. Harshad B. Jobanputra	]
Aged: 66 years	]
Legal heir of deceased	]
Bhagwanji P. Jobanputra	]
Aged Adult, Indian Inhabitant,	]
Room No.44.	]
34. Suhas N. Yewale	]
Aged: 62 years,	]
Legal Heir of deceased	]
Narhari R. Yewale	]
Aged Adult, Indian Inhabitant,	]
Shop No.S-1.	]
35. Noormohammad Mansoori	]
Aged: 68 years Adult, Indian Inhabitant,	]

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Shop No.S-2.	]
36. Sangeeta Pravin Patil	]
Aged: 45 years Adult, Indian Inhabitant,	]
Shop No.S-2A.	]
37. Parvati Achyut Ghuge	]
Aged: 59 years, Achyut Shankar Ghuge	]
Both Adult, Indian Inhabitant,	]
Shop No.S-3.	]
38. Chandrakant D. Chheda	]
Aged: 65 years, Deep C. Chheda	]
Both Adult, Indian Inhabitant,	]
Shop No. S-4.	]
39. Rameshkumar S. Jain,	]
Aged: 49 years Adult, Indian Inhabitant,	]
Shop No.S-5.	]
40. Chandrakant D. Chheda	]
Aged: 65 years, Javel C. Chheda	]
Aged Adult, Indian Inhabitant,	]
Shop No.S-6.	]
41. Sunder Subhash Ghuge	]
Aged: 57 years Adult, Indian Inhabitant,	]
Shop No.S-8.	]
42. Rambaran B. Sharma	]
Aged: 74 years,	]
C.A. of Suraj Brothers	]
Aged Adult, Indian Inhabitant,	]
Shop No.SS-1.	]
43. Chandra Kambe Gowda	]
Aged: 64 years Adult, Indian Inhabitant,	]
Shop No.SS-2.	]
44. Bakula D. Chheda	]
Aged: 68 years,	]
Legal heir of deceased	]
Pushaben D. Sata	]
Aged Adult, Indian Inhabitant,	]
Shop No.SS-3.	]
45. Bakula D. Chheda	]
Aged: 68 years,	]

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	sns	16-osia	-6549-2025.doc
Legal	heir of deceased	]
Sures	h D. Sata,	]
Aged	Adult, Indian Inhabitant,	]
Shop	No.SS-4A.	]
46.	Kamlesh Nanalal Jain	]
Aged:	42 years Adult, Indian Inhabitant,	]
Shop	No.SS-4B.	]
47.	Trimurti S. Rajbhar	]
Aged:	30 years,	]
Legal	heir of deceased	]
Phool	kali D. Rajbhor,	]
Aged	Adult, Indian Inhabitant,	]
Shop	No.SS-5.	]
48.	Kamla Bhuvan Welfare Association	]
Regist	ered under Charitable Commissioner	]
throu	gh Deepak. T. Amrutkar	]
Autho	rized Signatory	]
Aged	Adult, Indian Inhabitant	]
Havin	g its address at D/1/1, Sukh	]
Shant	i Niketan Society, L.B.S. Road,	]
Ghatk	opar West, Mumbai 400 086.	]	… Applicants/ Org. Petitioners.
IN TH	E MATTER BETWEEN
1.	Shakuntala T. Amrutkar	]
Legal	heir & W/o deceased	]
Tukar	am C. Amrutkar	]
Aged:	Adult Indian Inhabitant	]
Room	No.1.	]
2.	Deepak Tukaram Amrutkar	]
Aged:	Adult Indian Inhabitant	]
Room	No.2.	]
3.	Ramchandran P. Unnithan	]
Aged:	Adult, Indian Inhabitant	]
Room	No.3.	]
4.	Sreekumari Ramchandran Unnithan	]
Aged:	Adult Indian Inhabitant	]
Room	No.4.	]

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sns 16-osia-6549-2025.doc

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5. Pandurang Rambhau Sahane	]
Aged: Adult, Indian Inhabitant	]
Room No.5.	]
6. Kashmira Naresh Gada	]
Aged: Adult Indian Inhabitant	]
Room No.6.	]
7. Vatsala D. Patil	]
Aged Adult, Indian Inhabitant	]
Room No.8.	]
8. Ramesh C. Thakkar	]
Legal Heir of the Deceased	]
Narmadaben C. Thakkar	]
Aged Adult, Indian Inhabitant	]
Room No.10.	]
9. Damji Khetshi Shah	]
Aged Adult, Indian Inhabitant	]
Room No.13.	]
10. Lalit Govind Mahida	]
Aged Adult, Indian Inhabitant	]
Room No.14.	]
11. Bhavesh H. Mirani	]
Legal Heir of deceased	]
Harshala N. Mirani	]
Aged Adult, Indian Inhabitant	]
Room No.15.	]
12. Sangeeta Ravindra Makkar	]
Legal hier of deceased	]
Gyanchand J. Makkar	]
Aged Adult, Indian Inhabitant	]
Room No.17.	]
13. Tribhuvan S. Parmar	]
Aged Adult, Indian Inhabitant	]
Room No.18-A.	]
14. Jigna Damji Chheda	]
Legal heir of deceased	]
Ramila Damji Chheda	]
Aged Adult, Indian Inhabitant	]
Room No.18-B.	]

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15. Parbat Raja Ravat	]
Aged Adult, Indian Inhabitant	]
Room No.19.	]
16. Jyoti J. Pota	]
Aged Adult, Indian Inhabitant	]
Room No.20.	]
17. Praful Lokhande	]
H/o deceased Priyanka P. Lokhande	]
Aged Adult, Indian Inhabitant	]
Room No.21.	]
18. Kamal G. Burman	]
Legal heir of deceased	]
Kamladevi G. Burman	]
Aged Adult, Indian Inhabitant	]
Room No.22.	]
19. Ajitkumar M. Shah &	]
Pratibhaben A. Shah	]
Both Adult, Indian Inhabitant	]
Room No.24.	]
20. Shobha C. Kothawade	]
Aged Adult, Indian Inhabitant	]
Room No.26.	]
21. Vijay C. Kothawade	]
Legal Heir of deceased	]
Mr. Chandrakant W. Kothawade	]
Aged Adult, Indian Inhabitant	]
Room No.27.	]
22. Bhavna J. Chheda	]
Aged Adult, Indian Inhabitant	]
Room No.29.	]
23. Murlidhar Ganpat Mane	]
Aged Adult, Indian Inhabitant	]
Room No.31.	]
24. Prema S. Shetty	]
Aged Adult, Indian Inhabitant	]
Room No.32.	]
25. Sheetal Satish Juthani	]
Swati Nitin Gosalia	]

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sns 16-osia-6549-2025.doc

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Both Adult, Indian Inhabitant	]
Room No.33.	]
26. Mohanlal J. Patel	]
Aged Adult, Indian Inhabitant	]
Room No.35.	]
27. Pochaiah M. Achha	]
Aged Adult, Indian Inhabitant	]
Room No.36.	]
28. Kamal Arvind Pawar	]
Sandeep Waman Pawar	]
Both Adult, Indian Inhabitant	]
Room No.37.	]
29. Parasmal Surajmal Madrecha	]
Aged Adult, Indian Inhabitant	]
Room No.38.	]
30. Kamlesh Ram Singh	]
Through C.A. Mr. Pratibha K. Singh	]
Aged Adult, Indian Inhabitant	]
Room No.39.	]
31. Jivanbabu P. Pandey	]
Through C.A. Mr. Neeraj J. Pandey	]
Aged Adult, Indian Inhabitant	]
Room No.40.	]
32. Varsha Mukund Jasani	]
Legal heir of deceased	]
Babulal Odhavji Jasani	]
Aged Adult, Indian Inhabitant	]
Room No.41.	]
33. Varsha Mukund Jasani	]
Legal Heir of deceased	]
Mukund B. Jasani	]
Aged Adult, Indian Inhabitant	]
Room No.42.	]
34. Bharabhai J. Vora	]
Aged Adult, Indian Inhabitant	]
Room No.43.	]
35. Harshad B. Jobanputra	]
Legal heir of deceased	]

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Bhagwanji P. Jobanputra	]
Aged Adult, Indian Inhabitant	]
Room No.44.	]
36. Suhas N. Yewale	]
Legal Heir of deceased	]
Narhari R. Yewale	]
Aged Adult, Indian Inhabitant	]
Shop No.S-1.	]
37. Noormohammad Mansoori	]
Aged Adult, Indian Inhabitant	]
Shop No.S-2.	]
38. Sangeeta Pravin Patil	]
Aged Adult, Indian Inhabitant	]
Shop No.S-2A.	]
39. Parvati Achyut Ghuge	]
Achyut Shankar Ghuge	]
Both Adult, Indian Inhabitant,	]
Shop No.S-3.	]
40. Chandrakant D. Chheda	]
Mr. Deep C. Chheda	]
Both Adult, Indian Inhabitant	]
Shop No.S-4.	]
41. Rameshkumar S. Jain	]
Aged Adult, Indian Inhabitant	]
Shop No.S-5.	]
42. Chandrakant D. Chheda	]
Javel C. Chheda	]
Aged Adult, Indian Inhabitant	]
Shop No.S-6.	]
43. Dinesh D. Bhanushali	]
Legal Heir of deceased	]
Damji M. Bhanushali	]
Aged Adult, Indian Inhabitant	]
Shop No.S-7.	]
44. Sunder Subhash Ghuge	]
Aged Adult, Indian Inhabitant	]
Shop No.S-8.	]
45. Suraj Brothers	]

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sns 16-osia-6549-2025.doc

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Through C.A. Mr. Rambaran B. Sharma	]
Aged Adult, Indian Inhabitant	]
Shop No.SS-1.	]
46. Chandra Kambe Gowda	]
Aged Adult, Indian Inhabitant	]
Shop No.SS-2.	]
47. Bakula D. Chheda	]
Legal heir of deceased	]
Pushaben D. Sata	]
Aged Adult, Indian Inhabitant	]
Shop No.SS-3.	]
48. Bakula D. Chheda	]
Legal heir of deceased	]
Suresh D. Sata	]
Aged Adult, Indian Inhabitant	]
Shop No.SS-4A.	]
49. Kamlesh Nanalal Jain	]
Aged Adult, Indian Inhabitant	]
Shop No.SS-4B.	]
50. Trimurti S. Rajbhar	]
Legal heir of deceased	]
Phoolkali D. Rajbhar	]
Aged Adult, Indian Inhabitant	]
Shop No.SS-5.	]
51. Narayan Sunder Nayak	]
Aged Adult, Indian Inhabitant	]
Shop No.SS-6A.	]
52. Dinesh Narayan Rai	]
Aged Adult, Indian Inhabitant	]
Shop No.SS-8.	]
All are residing at Kamla Bhuvan	]
L.B.S. Marg, Opposite Shreyas Cinema,	]
Ghatkopar West, Mumbai 400086.	]
53. Kamla Bhuvan Welfare Association	]
Registered under Charitable Commissioner	]
through Deepak. T. Amrutkar	]
Authorized Signatory	]
Aged Adult, Indian Inhabitant	]
Having its address at D/1/1, Sukh	]

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¶39

sns 16-osia-6549-2025.doc

¶40

Shanti Niketan Society, L.B.S. Road, ] Ghatkopar West, Mumbai 400 086. ] … Petitioners

¶41

V/s.

¶42

1. The Municipal Corportion of Greater Mumbai, A Statutory Body, Formed &	] ]
Incorporated under the Provisions of the	]
Mumbai Municipal Corporation Act, 1888	]
And having its office at Opp. CST, Mumbai 400 001.	] ]
2. The State of Maharashtra	]
Through it’s The Urban Development	]
Department (UD-11)	]
Having its office at 32, Madame	]
Cama Road, Nariman Point, Mumbai 400 021.	] ]
3. Kumar Baburao Pande	]
Aged 65 years, Occ.: Business	]
Indian inhabitant Having address at	]
C/303, Rambha Tower, Gangawadi,	]
L.B.S. Marg, Ghatkopar (W),	]
Mumbai – 400 086.	]
4. Leelavati Baban Dherange	]
Aged: 57 years, Occ: Business	]
Indian inhabitant Having address at	]
A/12/85, Chittaranjan Nagar, Rajawadi,	]
Ghatkopar West, Mumbai 400077.	]
5. Smt. Sarojaben Yashvant Shah	]
W/o deceased Yashwant B. Shah	]
Aged 63 years, Occ.: Business	]
Indian inhabitant Having address at	]
Laxmi Bhuvan, 201 & 202, 2^ndFloor,	]
Sainath Nagar, Ghatkopar	]
West, Mumbai – 400086.	]
6(a) (i) Smt. Smita Rajesh Singh	]
Aged Adult, Indian Inhabitant.	]
(ii) Miss Harshita Rajesh Singh	]
Aged Adult, Indian Inhabitant.	]

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sns 16-osia-6549-2025.doc

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(iii) Mr. Karan Rajesh Singh	]
Aged Adult, Indian Inhabitant.	]
All legal heirs of deceased Rajesh	]
Dharmaraj Singh Son of late Dharamaraj	]
Mater Singh All resident of Flat No.404,	] ]
Thakur Ghatkopar C.H.S. Ltd.,	]
Gaondevi Road, Behind Shreyas Cinema,	]
Sanghani Estate, Ghatkopar (West), Mumbai 400 086.	] ]
6(b) Mr. Hira Dharmaraj Singh	]
S/o. Deceased Dharmaj matar Singh	]
Aged Adult, Indian Inhabitant Flat No.601, Thakur Complex,	] ]
Gaondevi Road, Behind Shreyas Cinema,	]
Sanghani Estate, Ghatkopar (West), Mumbai 400 086.	] ]
6(c) Mr. Kamlesh Dharmaraj Singh	]
S/o. Deceased Dharmaj matar Singh	]
Aged Adult, Indian Inhabitant Flat No.401, Thakur Complex,	] ]
Gaondevi Road, Behind Shreyas Cinema,	]
Sanghani Estate, Ghatkopar (West), Mumbai 400 086.	] ]
7. Smt. Sangeeta K. Sharma	]
W/o deceased Kishan Gopal	]
K Sharma, Aged Adult,	]
Indian Inhabitant.	]
8. Nitin Sadanand Shetty	]
Aged Adult, Indian Inhabitant.	]
9. Kishor K. Pokar	]
Aged Adult, Indian Inhabitant, All having their office at 506/507, A-1	] ]
Hare Krishna Apartment, L.B.S. Marg	]
Ghatkopar (West), Mumbai 400 086.	]
AND	]
M/s. BS Lifespace	]
through Mr. Bharat Shetty	]
Aged Adult, Indian Inhabitant,	]
Having office address at 22,	]

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¶47

sns 16-osia-6549-2025.doc

¶48

Jaishilpam, Sanghani Estate, Gaodevi Road, Ghatkopar (West),	] ]
Mumbai – 400 077.	] … Respondents

¶49

Mr. Deepak Thakare i/by Adv. Mangesh Naik, Adv. Vishakha Tiwari for the Applicants/Petitioners.

¶50

Ms. Smita Tondwalkar, for Respondent No.1-BMC.

¶51

Ms. Madhura Deshmukh, AGP, for Respondent No.2-State.

¶52

Dr. Uday Warunjikar a/w. Adv. Nitesh Bhutekar, Adv. Siddhesh Pilankar for Respondent Nos.3 to 5.

¶53

Ms. Prerana Shukla, for Respondent Nos.7 and 8.

¶54

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 20^th APRIL, 2026. PRONOUNCED ON : 6^th May, 2026.

¶55

Order (Per : Kamal Khata, J) :-

¶56

By this Interim Application, the Applicants seek to implead M/s. BS Lifespace as Respondent to the present Petition.

¶57

Mr. Deepak Thakare, learned Advocate for the Applicants submits that, the Petitioners who are tenants of building known as Kamla Bhuvan is built on a plot of land bearing No.1 of private scheme forming part of Survey No.31, Hissa No.2 (part) and other being a portion of Survey No.161, Hissa No.6 (part) situated at L.B.S. Marg, Ghatkopar West, village Kirol, Taluka Salsette Bombay Suburban District bearing CTS No.2252 to 2254 admeasuring 1498 sq. yards equivalent to 1250.014 sq. mtrs (hereinafter referred to as ‘Kamla Bhuvan’) have filed the present Petition

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¶59

sns 16-osia-6549-2025.doc

¶60

seeking direction against the Respondents to comply with the provisions of Regulation 33(7)(A) of DCPR-2034 for reconstruction/development of the suit.

¶61

2.1) He submits that, the tenants are concerned about the prolonged delay in the redevelopment of Kamla Bhuvan. They further apprehend that, the landlords namely Respondents Nos.3 to 5 will not provide them Permanent Alternate Accommodation (“PAA”) and renege on their obligations. He submits that, the landlords had introduced the proposed Respondent, a new developer namely M/s. BS Lifespace represented by Mr. Bharat Shetty. The Developer had actively participated in various redevelopment activities including obtaining of IOD, Fire NOC, execution of plans, coordination with tenants and also initiated groundwork for the project. According to him, various meetings were held between the landlords and the new developers. Apart from the inauguration ceremony held by these new developers, the landlords and 62 tenants (which included the Petitioners) executed Consent-cum-Declarations in favour of the new developers thereby permitting them to construct a commercial building. Thereafter, there were settlement discussions with the new developers for over a period of 4 to 5 months. The matter pending in Court has been listed under the caption “for settlement” on several occasions since February 2025. It is submitted that, during the course of settlement discussions between the landlords and the new developers, an extension of

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sns 16-osia-6549-2025.doc

¶64

time was granted to the new developers as a gesture of support and cooperation towards the redevelopment of Kamla Bhuvan. This was done to ensure the financial and operational viability of the project.

¶65

2.2) He further submitted that, in this manner the new developer has been substantially involved in the process of redevelopment. It is a case of the Petitioners that, the landlords have failed to maintain transparent communication with the Petitioners and have failed to give an assurance of the timeframe within which the PAA Agreements would be executed. In these circumstances, it is submitted that M/s. BS Lifespace would be a proper and necessary party as the proposed Respondent to the present proceedings.

¶66

Dr. Uday Warunjikar, learned Advocate for the landlords namely Respondent Nos.3 to 5, opposed the Application. He submits that presently there is no contract executed with the new developer. The original developers, Respondents 6 to 9, continue with the project. He submitted that by adding the new developer as a party Respondent, the disputes will only be aggravated rather than resolved.

¶67

3.1) He submitted that, the present Application was nothing else but a ruse to pressurize the landlords to enter into terms with the new developer. The proposed Respondent has no privity of contract with the landlord and cannot have a contract directly with the Petitioners i.e. tenants. The contract, if any, with the original developer Respondent Nos. 6

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¶69

sns 16-osia-6549-2025.doc

¶70

to 9 also cannot be a ground to add them as Respondents herein. The Petitioner - tenants cannot use the Court as a tool to indirectly pressurize the landlords in this manner.

¶71

1. We have heard both sides and also perused the record.

¶72

4.1) In our view, the Petitioners have no right to implead as a party

¶73

who has no privity of contract with the landlords in the present Petition. It would only enlarge the issue and complicate it.

¶74

4.2) It is settled law that, the tenants’ rights are protected. In Chandralok People Welfare Association vs. State of Maharashtra & Ors. reported in 2023 SCC OnLine Bom 2300 and Anandrao G. Pawar vs. Municipal Corporation of Greater Mumbai and Ors. reported in 2023 SCC OnLine Bom 2534 , this Court has elucidated the rights of the tenants.

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In this background, we posed a query to the Petitioners’ Advocate, whether there was any binding contract between M/s. BS Lifespace and the existing landlords-Respondent Nos.3 to 5. Since the response was in the negative, we pointed out that, the present Application would be a sheer abuse of process of law and nothing else but an elite form of coercion and extortion.

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According to us, the present Application is nothing else but a back-door entry attempted by the proposed Respondent, through a seemingly innocuous application of being joined as a necessary party to the

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present Petition.

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17/19

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sns 16-osia-6549-2025.doc

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6.1) Despite offering them to consider withdrawing their

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Application, the Applicants insisted that the Court decide the Interim Application.

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In these circumstances, we are compelled to draw an inference and record our observation that this Application is nothing short of a pressure tactic employed by the proposed Respondent in the guise of an application by the Petitioners (tenants) to compel the landlords to acknowledge the rights of the proposed Respondent though they have no enforceable Agreement either with the landlord or with the original Developers Respondents 6 to 9.

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7.1) It is settled law that the Courts are not meant to be tools in the hands of unscrupulous litigants to coerce or pressurize a party in any manner or form. It prima facie appears that the present Application is moved and financed by the proposed Respondent to crystalize his unenforceable right against the Respondents 3 to 5 and Respondent 6 to 9. Such attempts to abuse the process of the Court cannot be countenanced. We therefore disallow the present Application.

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7.2) Assuming that M/s. BS Lifespace has some contractual obligations with the earlier developer, they have rights to sue them independently.

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