Supreme Court - Daily Orders
Prema Jagannath Chodnekar (D) Thr Lrs. vs Jagdish Shankar Sawant . on 5 May, 2017
Bench: R.K. Agrawal, Abhay Manohar Sapre
ITEM NO.54 COURT NO.10 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) Nos. 34040-34041/2016
(Arising out of impugned final judgment and order dated 19/10/2016
in CA No. 1017/2015 in FA No.513/2015 and CA No. 1019/2015 in FA
No. 515/2015 passed by the High Court of Judicature at Bombay)
PREMA JAGANNATH CHODNEKAR (D) THR LRS. AND ORS. Petitioner(s)
VERSUS
JAGDISH SHANKAR SAWANT AND ORS. Respondent(s)
(With interim relief and office report)
Date : 05/05/2017 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE R.K. AGRAWAL
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s) Mr. Vinay Navare,Adv.
Ms. Gwen Karthika,Adv.
Dr. Ravindra Chingale,Adv.
Ms. Abha R. Sharma,Adv.
For Respondent(s) Mr. A.I.S.Cheema,Adv.
Mr. Kunal A.Cheema,Adv.
Mr. Yogesh K.Ahirrao,Adv.
Mr. Apoorv Shukla,Adv.
Mr. Somanatha Padhan,Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have heard the learned counsel for the parties and perused the impugned judgment/orders passed by the High Court of Judicature at Bombay in Civil Application No.1017/2015 in First Appeal No.513/2015 and Civil Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2017.05.06 Application No.1019/2015 in First Appeal No.515/2015. The 12:06:47 IST Reason: learned Single Judge of the High Court has given certain 1 directions in paragraph 27 of the impugned order, in order to safeguard the interest of both the parties.
However, the submission of the learned counsel for the petitioners is that if the appeals are decided in their favour, only the possession of the flat would be given to the petitioners and what about the damages etc. for the unauthorised use and occupation of the newly constructed flat.
We are not inclined to go into this question at this stage.
It will be open for the petitioners to raise this issue before the High Court at the time of hearing of the appeals itself.
However, we request the High Court to decide all the three appeals as expeditiously as possible, preferably within three months from today, in accordance with law.
The special leave petitions stand disposed of in the above terms.
Pending application, if any, also stands disposed of.
(Anita Malhotra) (Chander Bala)
Court Master Court Master
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