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SUNIL B. SHUKRE, KAMAL KHATA
Shrikant Studios Pvt. Ltd. – Appellant
Versus
Mumbai Municipal Corporation – Respondent
JUDGMENT :
KAMAL KHATA, J.
1. The Petitioner seeks a review of the order dated 30th August, 2022, to permit the Petitioner to put a gate and barbed wire fencing on that portion of the area on which the sub-division marking is done by the City Survey office pursuant to the aforestated order.
2. As per the order dated 30th August, 2022 ( “the order” for short), both petitioner and the respondent No. 3 independently applied to the City Survey Office for sub-division of the jointly owned land bearing CTS No. 783(pt). Thereafter correspondence was exchanged between the Petitioner and the Respondent No. 3 to permit the Petitioner to lay PNG pipeline and erect a gate with barbed fencing on that part of the land abutting V.N. Purav Road coming to their share as per the sub-division carried out by the City Survey Office. Though the letter dated 29th March, 2023, was admittedly received by the respondent No. 3, the Petitioners’ have not received any revert.
3. Mr. Vashi learned Senior Counsel for the Petitioner submitted that pursuant to the subdivision of the land, both the Petitioner and the Respondent No. 3 are entitled to use and enjoy the land coming to their share. It is submitted that pre
Review of judgment – A review petition has a limited purpose and cannot be allowed to be ‘an appeal in disguise’ – Power of review could be exercised to correct a mistake but not to substitute a view....
Consent orders binding parties must be honored unless evidence of fraud or misrepresentation is provided.
A consent judgment is binding, preventing parties from challenging execution orders if they previously agreed to the terms, even if property boundaries are unclear.
The court mandates adherence to procedural fairness in administrative decisions regarding land subdivision.
The High Court confirmed rights established under a 1955 partition decree, emphasizing that the execution of civil court judgments must be respected without unauthorized administrative interference.
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