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Dia (student)     24 March 2017

Bombay high court order - please explain the meaning.

There is a dispute regards the title of the ancestral property.

The plaintiff is a co-owner and was cheated, a multi-storied building was constructed and the builder wants to apply for OC.

The Bombay High Court had passed an order of Status qua.

The same was clarified as follows with regards to granting OC:

1. All the steps taken qua the obtaining of the OC, shall be subject to further orders passed by this Court.

2. The Corporation shall consider the Application for OC as per the required provisions of law.

What does this mean? What are the provisions of law necessary to be followed?

can the Building proposal department grant OC?

Also should we urge the Hon;ble Court to appoint a court receiver as the builder is continuing work?



Learning

 1 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     24 March 2017

That the application shall be treated in the normal process and laws that such applications are ordinarily subject to; i.e. regardless of the title dispute. And that the outcome of a decision on the application will not confer any right, title or interest by itself and the effect of any approval of application shall be subject to any orders that may finally be made by the Court.

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