Supreme Court - Daily Orders
Sharnappa(D) By Lrs. vs Channabasappa(D) By Lrs. . on 16 July, 2019
Bench: Mohan M. Shantanagoudar, Ajay Rastogi
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No.1114/2015
SHARNAPPA(D) BY LRS. Appellant(s)
VERSUS
CHANNABASAPPA(D) BY LRS. & ORS. Respondent(s)
O R D E R
1. We have heard Mr. Devadatt Kamat, learned Senior counsel appearing for the appellants and Mr. Arvind Varma, learned Senior counsel appearing for the respondents.
2. After perusing the material available on record, we do not find any ground to interfere with the impugned order passed by the High Court. However, we clarify that the application filed by the Defendant No.1 claiming registration as tenant is pending consideration before the concerned Authority and the same will be decided in accordance with law. In case the tenency is granted in favour of first Defendant, it is always open for the plaintiffs to file a Civil Suit to claim partition and prove before the concerned Civil Court that it is a joint family tenency.
3. The Civil Appeal is disposed of in the aforestated terms.
4. Pending applications filed in the matter also stand disposed of.
.......................J (MOHAN M. SHANTANAGOUDAR .....................J Signature Not Verified (AJAY RASTOGI) Digitally signed by NEW DELHI;
VISHAL ANAND Date: 2019.07.17 18:01:58 IST 16TH JULY, 2019.
Reason:
ITEM NO.1 COURT NO.3 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.1114/2015 SHARNAPPA(D) BY LRS. Appellant(s) VERSUS CHANNABASAPPA(D) BY LRS. & ORS. Respondent(s) (IA No. 8242/2019 APPROPRIATE ORDERS/DIRECTIONS, IA No.26320/2019 PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES & IA No. 25079/2019 PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) Date : 16072019 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE AJAY RASTOGI For Appellant(s) Mr. Abhijat P. Medh, AOR Mr. Devadatt Kamat, Sr. Adv. Mr. Nishanth Patil, AOR Mr. Javdedur Rahman, Adv. For Respondent(s) Mr. Arvind Varma, Sr. Adv. Mr. Sharan Dev Singh Thakur, Adv. Mr. Mahesh Thakur, Adv.
Mr. Vijay Kumar Pardesi, Adv. Ms. Saloni T. Jawa, Adv.
Ms. Sheffali Chaudhary, Adv. Dr. Sushil Balwada, AOR UPON hearing the counsel the Court made the following O R D E R The Civil Appeal is disposed of in terms of the signed order. Pending applications filed in the matter also stand disposed of.
(VISHAL ANAND) (RAJ RANI NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the file)