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2018 Supreme(Bom) 2094

NARESH H.PATIL, G.S.KULKARNI
Swaminath Gupta – Appellant
Versus
Anusaya Chs – Respondent


Advocates Appeared:
For the Appellant :Mr. Vaibhav Jogalekar I/b. Mr. M.S. Lagu, Advocate,
For the Respondent:Mr. Himanshu Kode, Advocate, Mr. A.R. Pitale, Advocate, Mr. M.M. Pabale, AGP.

ORDER :

G.S. Kulkarni, J.

Heard the learned Counsel for the parties. We have perused the record.

2. The petitioners who are tenants of the premises which are situated in a building belonging to Anusaya Cooperative Housing Society respondent no.1 (for short 'the Society') have filed this petition apprehending demolition of the premises occupied by the petitioners. At the outset, we may observe that this is a second round of litigation. The petitioners earlier had approached this Court by filing Writ Petition No.7695 of 2018. This Court dismissed the said writ petition by order dated 20 July 2018 by imposing cost of Rs. 25,000/- by passing the following order:"

1. Not on board. Taken on board.

2. Heard the learned counsel appearing for the Petitioners. Yesterday, the Petition was produced for grant of urgent relief. Yesterday, the contention raised by the learned counsel appearing for the Petitioners was that in the year 2016, the Petitioners were served with the notices by Thane Municipal Corporation and thereafter, the only notice served by the Municipal Corporation was a notice dated 21st August, 2017 calling upon one of the Petitioners to submit a report by VJTI/ITI. His submission ye

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