Sou Savita Shirish Rasne v. Sou Pramila Prabhakar Mohite & Ors.

Mr.Ajay S.Gadkari,, Advocate for applicant. Ms.Gouri Godse, Advocate for respondents. Coram : SMT.R.P. SONDURBALDOTA, J. Date : 16th July, 2009 P.C.

This civil application is taken out for early hearing of the first appeal on the ground that during the pendency of the appeal, the Pune Municipal Corporation has issued notice under Section 268(1) of Bombay Provincial Municipal Corporation Act, 1949 that the building in which the parties are residing is in dilapidated condition and hence dangerous for residence. Mr.Gadkari submits that because of non co- operative attitude of respondents, it has become difficult for the applicant to take any steps towards repairs of the structure. The photographs annexed to the application do indicate that the premises are old and dilapidated condition. Ms.Gadkari has also produced copy of notice dated 19th June 2009 addressed to all the three parties to the proceedings informing them that the building is old and dilapidated and has not been maintained properly and it has become dangerous for occupation. 2

Respondents have filed affidavit in reply opposing the allegations made against them. Learned counsel for the applicant submits that once the appeal is disposed off and the rights of the parties are confirmed, the applicant will be able to take steps atleast as regards the premises in her occupation. Considering the issuance of notice by Pune Municipal Corporation and the condition of the building, the civil application for early hearing is allowed in terms of prayers clause (a) and (b). The appeal be placed on board for final hearing. (Smt.R.P.SondurBaldota,J)