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SANDEEP MEHTA, PRASANNA B. VARALE
Gazi Salauddin Rehmatulla Hoole alias Pardeshi Baba Trust – Appellant
Versus
New Shree Swami Samartha Borivade Housing Company Private Limited – Respondent
| Table of Content |
|---|
| 1. challenge to previous court orders (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. acknowledgment of civil suit disposal (Para 7 , 8 , 9) |
| 3. directions for status quo and future remedies (Para 10) |
| 4. disposal of special leave petition (Para 11) |
ORDER :
1. In the present special leave petition, the petitioner who is respondent no. 3 before the High Court of Bombay in Writ Petition No. 6607 of 2024 challenges the judgment and order dated 30.04.2025 passed by the Bombay High Court, wherein the petition is disposed of by issuing certain directions. The writ petition was filed by the petitioner - New Shree Swami Samartha Borivade Housing Company Pvt. Ltd. and Others i.e. respondent no. 1 in present special leave petition. Though various grounds are raised in special leave petition in challenge to the judgment dated 30.04.2025, the thrust of submission by Ld. senior advocate Sh. Ahmadi is that the High Court failed to appreciate the important fact in the matter and the order of the High Court proceeded on an assumption.
2. The principal prayer in the writ petition was for issuance of a writ of mandamus and the prayer reads thus:
The High Court must operate based on established facts, and assumptions in issuing orders can lead to procedural injustices; parties must have the opportunity for a fair hearing.
The court mandated the BMC to fulfill its statutory duties by demolishing illegal constructions, emphasizing accountability and prompt action against unauthorized developments.
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