36-AO-843-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 843 OF 2024 WITH INTERIM APPLICATION NO. 15048 OF 2024 IN APPEAL FROM ORDER NO. 843 OF 2024 Ghanshyambhai Maganlal Chotaliya ...Applicant/ Appellant Versus Mahindra And Mahindra Employees Co-p.Ho.Soc.Ltd. Thr. Secretary And Ors. ...Respondents —————— Mr. Rahul Kedar i/b Mr. Chirag Gandhi, for the Appellant. Mr. Uday Jaguste a/w Mr. Rishikesh More, for the Respondent No. 1. Ms. Neeta Jadhav i/b Ms. Komal Punjabi, for the Respondent-BMC. —————— CORAM : SHARMILA U. DESHMUKH, J. DATE : June 12, 2026 P. C. : 1. The issue involved in the present case is of right, title and interest in the suit property which is subject of proposed acquisition by Municipal Corporation for the purpose of road widening. 2. Learned counsel for the Appellant/Original Plaintiff submits that based on revenue entry, the Trial Court has accepted the case of ownership of the Defendant-society and rejected the Interim Arya 1 of 3 36-AO-843-2024.doc Application. He submits that as the acquisition proceedings have not yet commenced, the Plaintiff be permitted to participate in the acquisition proceedings and submit necessary documents for consideration of the Corporation. 3. Learned counsel for the Respondent No. 1 submits that it has no objection to the participation of the Plaintiff in the acquisition proceedings provided the Defendant No. 1-society is heard in the acquisition proceedings and is supplied with copies of all documents to be furnished by the Plaintiff in the acquisition proceedings. 4. As the issue is about payment of compensation for purpose of acquisition, the Corporation is required to take into consideration the ownership documents. The Suit for title is pending before the Trial Court, and in event, any order is passed by the Corporation, the aggrieved party can raise necessary challenge in appropriate proceedings. 5. In light of the consensus arrived at between the parties, Appeal from Order is disposed of with direction to the Municipal Corporation to permit the Plaintiff and Defendant No. 1 to participate in the proposed acquisition proceedings and produce all documents in support of their claim and pass an order after hearing Plaintiff and Defendant No. 1. With these directions, Appeal from Order is disposed of. Arya 2 of 3 36-AO-843-2024.doc 6. Interim Application does not survive for consideration and stands disposed of. 7. Needless to clarify that there should be no private negotiations between the Corporation and Defendant No. 1-society for the purpose of handing over possession of suit property without notice to the Plaintiff. [SHARMILA U. DESHMUKH, J.] Arya 3 of 3