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2022 Supreme(Online)(Bom) 6607

SUJATA ASHOK POKHARKAR – Appellant
Versus
M/S OMM REALITY AND ORS – Respondent
WP 4507/2021



(33)-WP-4507-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.4507 OF 2021

Mrs. Sujata Ashok Pokharkar

..Petitioner

Versus

M/s. Omm Reality and Ors.

..Respondents

Mr. A. Y. Sakhare, Senior Advocate i/by Sampatrao Pawar, for the

Petitioner.

Mr. R. S. Khandeparkar a/w Rajdeep Gude i/by Khandeparkar &

Associates, for the Respondents.

CORAM : NITIN W. SAMBRE, J.

DATE : 19th APRIL, 2022

P.C.

1.

A joint request is made by the counsel for the petitioner

and respondents for expeditious disposal of the suit being SCS

No.1362 of 2016 pending on the file of Civil Judge, Senior Division,

Pune.

2.

Since the suit is pending for almost about five years, in

view of the litigation policy, hearing of the suit is expedited.

3.

As far as the grant of relief in the petition is concerned,

counsel for the respondents i.e. original defendants informs that

since the suit property is located in ‘

No Development Zone’

. At

present, respondents have no intention to create third party interest

BGP.

1 of 2

BALAJI

GOVINDRAO

PANCHAL

Digitally

signed by

BALAJI

GOVINDRAO

PANCHAL

Date:

2022.04.20

12:18:12

+0530

(33)-WP-4507-21.doc.

or develop the suit property. It is further informed on instructions

by the counsel for the respondents that, in case, if they intend to

create third party interest or to develop the suit property, same shall

be only after advance written intimation to the petitioner, so also

the Court below before whom the proceedings are pending.

4.

Since the above statement is made on instructions, same

is accepted as an undertaking to this Court. I am informed that

respondent No.2/defendant No.2 herein is personally present in the

Court.

5.

In view of aforesaid statement, the petition stands

disposed of.

[NITIN W. SAMBRE, J.]

BGP.

2 of 2

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