Legal Actions Taken So Far Contempt Petition in Bombay High Court (2024):
Filed due to the builder's breach of Consent Terms approved by the High Court. Eviction Suits by Builder:
Filed in the Small Causes Court, Bandra, likely as a retaliatory move. Tenant Registered with Sub-Registrar: Indicates formal possession rights, which strengthens the tenant’s legal standing.
Suggested Legal Strategy The tenant’s advocate has proposed: Filing a Writ Petition (WP) in Bombay High Court to seek a stay on the eviction proceedings. Tagging the WP with the Contempt Petition, so both matters are heard together.
Viability of the Strategy This approach is legally sound and strategically strong, for several reasons: Jurisdictional Authority: The Bombay High Court has supervisory jurisdiction over lower courts and can stay proceedings if they conflict with its own orders (like the Consent Terms). Contempt Petition Adds Weight: If the builder violated High Court-approved Consent Terms, it strengthens the tenant’s case and shows bad faith. Tagging Matters: Courts often tag related matters to avoid conflicting judgments and ensure judicial economy. Senior Citizen Protection: Courts are generally sympathetic to senior citizens facing harassment, especially in long-drawn property disputes.
Additional Considerations Document Everything: Ensure all communications, registrations, and court orders are well-documented. Speedy Hearing Request: Given the tenant’s age and prolonged distress, the advocate may request expedited hearings. Public Interest Angle: If multiple tenants are affected, this could be framed as a broader issue of builder misconduct.
