1 ao (stamp) 39-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO. 39 OF 2011 Smt.Sujata Prabhakar Patil & Anr. ...Appellants vs. Mr.Gurudatt Limye & Ors. ...Respondents Mr.I.K. Tripathi with Mr.N.R. Dubey i/b. Ms.Neeta Lad for the Appellants. Mr.A.G. Damle for Respondent No.3. CORAM : B.R. GAVAI, J. DATED : JANUARY 13, 2011 P.C :- 1 By way of present appeal, the appellant challenges order dated 8th December, 2010 vide which Notice of Motion filed by the present petitioner came to be rejected. 2 The suit was filed by the plaintiff praying that the plaintiff, who is residing in a building which is to be reconstructed, should not be evicted without following due process of law. In the said 2 ao (stamp) 39-2011 suit, Notice of Motion came to be filed praying for an order of injunction restraining the defendants from evicting him till the disposal of the suit. The Notice of Motion is rejected. Hence, the present appeal. 3 The learned trial court has given sound and cogent reasons while dismissing the Notice of Motion. It has to be noted that there are 40 tenants of MHADA and that they had formed Co-operative Housing Society. It has been held that out of 40 tenants, more than 70% members had passed a resolution for getting the said plot redeveloped. In accordance with the resolution, an Agreement for redevelopment came to be entered into. MHADA had also issued a notice stating that the building is in dilapidated condition. It is to be noted that the learned trial Court has recorded the undertaking of the defendant no.1 that the said defendant is ready to give alternate transit accommodation to the plaintiff. The defendant nos.1, 2 and 3 have also 3 ao (stamp) 39-2011 undertaken that they will not dispossess the plaintiff from the suit premises without following due process of law and that they shall follow the procedure under Section 95-A of the MHADA Act for vacating the suit premises. 4 Taking into consideration the reasonings recorded by the learned trial court while rejecting the said notice of motion, it cannot be said that the view taken by the learned trial court is either perverse or impossible. No case is made out for interference. 5 Writ Petition is dismissed. In view of the dismissal of the writ petition, nothing survives in the Civil Application (Stamp) No.42 of 2011. Same is also disposed of. (B.R. GAVAI, J.) 4 ao (stamp) 39-2011