Bombay High Court
St. Michael'S Church,A Public ... vs Our Lady Of Mailankanni And Perpetual ... on 6 February, 2019
Author: G.S. Patel
Bench: G.S. Patel
903-AO531-17.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 531 OF 2017
IN
NOTICE OF MOTION NO. 957 OF 2011
IN
S.C. SUIT NO. 875 OF 2011
St Michael's Church & Anr ...Appellants
Versus
Our Lady of Vailankanni & Perpetual Succour ...Respondents
Cooperative Housing Society & Ors Mr Sean Wassoodew, i/b CR Naidu & Company, for the Appellant. Mr GS Godbole, i/b AV Jain, for Respondent No.1. Mr Navin Parikh, with Mr Aditya Shiralkar & Ms Prachi Mhatre, i/b M/s Shiralkar & Company, for Respondent No.2.
CORAM: G.S. PATEL, J
DATED: 6th February 2019
PC:-
1. The application is for speaking to the minutes of my order of 3rd July 2017. In that order, while issuing certain directions regarding the final disposal of the suit, I made some observations in paragraphs 5 and 6. Those are indeed prima facie observations limited for the purposes of that Appeal. The trial Judge is to adjudicate on the issues cast (or recast) in the suit and to decide the Page 1 of 2 6th February 2019 ::: Uploaded on - 07/02/2019 ::: Downloaded on - 08/02/2019 01:47:51 ::: 903-AO531-17.DOC suit on its merits uninfluenced by any of these observations. None of the parties are bound by these observations. All are at liberty to lead such evidence as is permissible in law. Specifically, those observations are not to be read as a final or conclusive finding that any of the occupants of the remaining five buildings (so described in paragraph 5) are indeed affected by the suit or even that those five buildings are the subject matter of a redevelopment proposal.
2. All contentions are expressly kept open.
(G. S. PATEL, J) Page 2 of 2 6th February 2019 ::: Uploaded on - 07/02/2019 ::: Downloaded on - 08/02/2019 01:47:51 :::