PRATIK WAGH 03 December 2023

Need guidance in the below case scenario

Hi Team,

My father along with 13 other members of TMC (Thane Municipal Corporation) Workers had won a property in TMC which was advertised by TMC for House Development Space. (1989)

As per this the Government allocated the land and TMC Workers paid for the Property Tax and Development charges to TMC Collector. (1990)

TMC Workers created the building layout and started the construction and when it reached to Plinth level the street which was assigned to be public street was owned by XX Salt Industries who appealed in court against TMC Collector and TMC Workers who started the construction.

Later District Court case was disposed (Case Number and Year: SPECIAL CIVIL SUIT - 154/2001 Thane District Court) -> Dont know the disposition reason

The TMC Workers refiled the District Courts decision in High Court with Case Number :- FA /260/2015, LAR case

And now want to know how to move ahead the case. The Respondant Mundra is no more as well as the applicant Ashok Joshi is also no more. Now I want to know how to go ahead for the case.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 04 December 2023

If the appellant is reported to have died then his LRs can continue the case by filing an applicaiton to implead the LRs of the deceased appellant.

The same process is to be followed to the deceaded respondents too.

Rahul Pujari (Advocate - Bombay High Court) 05 December 2023

I checked both your cases , The lower court case shows disposed , you will have to check in the court to find out if the matter was actually disposed and a final order was passed. (However online it doesn't show tmc workers as party in the suit ) ,

The First Appeal was last listed on 18th April 2022 , when someone was present for the appelant and time was taken for servce, before that someone was present in 2017,

There is a cavet filed on behalf of mundra salt, the main person may be deceased but they do have a advocate on record.

If Mr Ashok Joshi is deceased, either his heirs or someone else needs to become party to the suit and follow it up on a regular bases.

Four socities are also party to the suit.

It would be advisble to take advice from someone who practises regularly in mumbai high court.