LAWS(BOM)-2018-10-249

SWAMINATH GUPTA Vs. ANUSAYA CHS

Decided On October 22, 2018
Swaminath Gupta Appellant
V/S
Anusaya Chs Respondents

JUDGEMENT

(1.) 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:"

(3.) It is clear from the observations as made by the Court that the notice dated 7 May 2018 was very much available to the petitioners when the earlier petition was filed and also a plea in that regard was available to the petitioner. However, the said notice dated 7 May 2018 was suppressed, as observed by the Court in paragraph 4 of the order passed by the Court and the Court has clearly recorded the displease approach of the petitioners invoking jurisdiction under Article 226 of the Constitution and dismissed the said petition with costs.