Date: 07-03-2018
Business: Adv. P.D. Gandhy alongwith Mr. S.K. Bilawala for appellant present.
Adv. Diwte for respondent/BMC present.
LC for appellant filed Stay application. TOR and
marked as Exh.2.
Adv. for respondent seeks time to file reply to stay applicant and R and P.
In the meantime, ad-interim in terms of prayer clause (b) in the application is stayed.
Adjd for reply and R and P on 09.04.18.
Next Purpose: AWAITING R AND P
Next Hearing Date: 09-04-2018
Date: 09-04-2018
Business: Adv. Giriraj for appellant present.
Adv. A.V. Divate for respondent present.
Respondent files R and P.
Adjd. to 02/05/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 02-05-2018
Date: 02-05-2018
Business: Adv. Giriraj for appellant present.
Adv. Divate for respondent present.
Adjd. to 29/06/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Business: Adv. P.D. Gandhi for appellant present.
Adv. A.V. Divate for respondent present.
Exh.3Appellant files addl. affidavit.
Adjd. to 27/08/2018 for hearing.
Earlier order to continue till next dare.
Next Purpose: HEARING
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Adv. P.D. Gandhi for appellant present.
Adv. Kiyur Vyas with Adv. A.V. Divate for respondent present.
On inquiry by the Court, as to the provision for filing addl. affidavit (Exh.3) in appeal, Ld. Counsel not pressed the addl. affidavit.
At the request of Ld. Counsel for respondent, adjd. to 28/09/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 28-09-2018
Date: 28-09-2018
Business: Adv. P.D. Gandhi for appellant present.
Adv. Keyur Vyas with Adv. A.V. Divate for respondent present.
Ld. Counsel for respondent to show as to how the inquiry against dead person is valid in the eye of law.
Adjd. to 12/10/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Adv. P.D. Gandhi for appellant present.
Adv. Keyur Vyas with Adv. Divate for respondent present.
Heard both sides on the maintainability of the proceeding before inquiry officer against the dead person, the original allottee.
Adjd. to 19/10/2018 for order.
Next Purpose: ORDER
Next Hearing Date: 19-10-2018
Date: 19-10-2018
Business: Adv. Yogesh Gaikwad for appellant present.
Adv. Dharmesh Vyas with Adv. Keyur Vyas and Adv. Divate for respondent present.
Ld. Counsel for respondent files written submissions.
Adjd. to 29/10/2018 for hearing on maintainability of appeal.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Business: Adv. P.D. Gandhi with Adv. Dhanashree Gaikaiwari i/b Bilawala and Co. for appellant present.
Adv. Dharmesh Vyas with Adv. Diwate for respondent present.
Heard both sides.
Appellant files written submissions.
Adjd. to 31/10/2018 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Adv. P.D. Gandhi with Adv. Yogesh Gaikwad i/b Bilawala and Co. for appellant present.
Adv. Dharmesh Vyas with Adv. Keyur Vyas and Adv. A.V.Divate for respondent present.
F.R.S.R. following order is passed.
O R D E R
1.Misc. Appeal No.71/18 is partly allowed.
2.Order passed by the Competent Authority on 12th February, 2018 is hereby set aside.
3.Matter is remanded back to the Competent Authority for fresh inquiry after adding the present appellants as occupants.
4.The appellants are directed to remain present before the Competent Authority on 15th November, 2018 at 11.30 a.m.
5.R and P be sent back.
Nature Of Disposal: ALLOWED
Disposal Date: 31-10-2018
