Order 1

Order Details: Other
Pdf Text: Sr. No.97
21.12.2022
Misc Appeal
336/18 @
Misc Appln
28/18
Exh.
CORAM HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Abhay Parab for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri, Adv. Som Sinha
and Adv. Vidya Vyavhare for respondent/BMC present.
Mrs. Pushpa Mane, Estate Officer a/w Mr. Arunkumar V. Ghodke, Sr.
Estate Inspector, M/West Ward for BMC present.
Judgment is pronounced in open court.
Exh. Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal is dismissed.
2. Time is granted to the appellant to vacate the premises till 28/02/2023
subject to appellant filing an undertaking before this Court within 4 weeks
from today that the appellant is in physical occupation of the premises
and that appellant will not create any third party interest in the said
property and further appellant will honour the order of the learned
Enquiry Officer on its attaining finality.
3. If the above undertaking is not filed within the stipulated period, the
execution can be proceeded with.
4. In view of dismissal of the appeal, nothing survives in Misc. Application
No.28 of 2018 for restoration of possession and same stands dismissed.
5. Record and Proceeding be returned to the Respondent No.2/BMC.
Sd/
Principal Judge,
Gr. Mumbai.
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