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2026 DAILYLAW 3054 (BOM)

DILIP MADHUKAR BHURKE v. THANE MUNICIPAL CORPORATION AND ORS

WP/327/2026 · 2026-07-07

Shri Gautam A Ankhad

body2026

Judgment text

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Trupti 1 923-wp-327-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 327 OF 2026 Dilip Madhukar Bhurke ... Petitioner versus Thane Municipal Corporation, Thane & Ors. ... Respondents ..…. Dr.D.S.Hatle with Mr.Umesh G. Chavan i/b. Mr.Deepak Jamsandekar for the Petitioner. Ms.Chaitrali Deshmukh for the Respondent – Municipal Corporation. Mr.Raju Yamgar for Respondent No.5 (through VC). …... CORAM : RAVINDRA V. GHUGE, ACJ & GAUTAM A. ANKHAD, J. DATE : 07 JULY, 2026 P.C.: 1. Respondent No.5 herein was the Petitioner before this Court in Writ Petition No. 15880 of 2025. By a speaking order passed on 26.11.2025, the Petition was disposed off in the light of seriously disputed questions between two private individuals, as regards the ownership of a flat which is to be allocated by the Corporation. While disposing off the said Petition, we permitted the Petitioner to crystallize her rights by approaching the Civil Court. We recorded in paragraph 9 of our earlier order that, if desired, the present Petitioner could also TRUPTI SADANAND BAMNE Digitally signed by TRUPTI SADANAND BAMNE Date: 2026.07.10 12:53:31 +0530 Trupti 2 923-wp-327-2026.odt approach the Civil Court and get his rights crystallized. 2. The learned Advocate for the Corporation submits that, since there is a serious dispute between close relatives, the Corporation is not in a position to hand over the flat to either of them until the Civil Court decides their claims. If the Civil Court concludes that one amongst the two is the rightful owner of the property, the Corporation would hand over the said flat to the concerned decree-holder. 3. In view of the above, this Writ Petition is disposed off. (GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)