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2015 Supreme(Bom) 1180

S.C.DHARMADHIKARI, G.S.KULKARNI
Jay Construction Co. – Appellant
Versus
Custodian of the Enemy – Respondent


Advocates:
Advocate Appeared:
Mr. Janak Dwarkadas Senior Advocate with Ms. Rishika Harish, Ms. Bindi Dave and Mr. Pradeep Bakhru i/b. M/s. Wadia Ghandy and Co. for the Petitioner.
Dr. G. R. Sharma with Mr. D. P. Singh for Respondent Nos. 1 to 3.
Mr. Ajay Patil for Respondent No. 4.

JUDGMENT :

(Per S.C.Dharmadhikari, J.)

In view of the earlier orders passed by this Court, we have, with the consent of parties, heard the Petition finally.

2) Hence, Rule. Respondents waive service. By consent, Rule made returnable forthwith.

3) This Writ Petition, under Article 226 of the Constitution of India challenges the order passed by the Deputy Secretary, Ministry of Home Affairs, Government of India, dated 16th May, 2014.

4) The Petitioner is also aggrieved and dissatisfied with the sealing of the immovable property under a notice dated 19th May, 2014, issued by the Custodian of the Enemy Property (Respondent No. 1).

5) The Petitioner is a partnership firm carrying on business as Builder and Developer. It is the case of the Petitioner that land admeasuring 2862.9 square meters situated at Survey No. 276, Hissa No. 4(part) at H-Ward No. 1068(2), Street No. 760, C. T. S. No. B/973/4, Chapel Road, Bandra (West), Mumbai (hereinafter referred to as “the said property”) was purchased by one Ms. Mariam Yacoob Tabani (MYT) and Mr. Aziz Yacoob Tabani (AYT) by way of registered deed. By virtue of this registered deed dated 13th September, 1956, they became entitled to one half undivided







































































































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