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The State Of Gujarat vs Fakir Mohamdkhanji Yawarkhanji ... on 9 July, 2018

Bench: Arun Mishra, S. Abdul Nazeer

                                                     1


     ITEM NO.20                             COURT NO.8                  SECTION III

                                 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)                  No(s).   11502/2018

     (Arising out of impugned final judgment and order dated 15-03-2018
     in CRA No. 224/2018 passed by the High Court Of Gujarat At
     Ahmedabad)

     THE STATE OF GUJARAT & ORS.                                         Petitioner(s)

                                                    VERSUS

     FAKIR MOHAMDKHANJI YAWARKHANJI CHAUHAN                              Respondent(s)

     (FOR ADMISSION and I.R. and IA No.65097/2018-EXEMPTION FROM FILING
     O.T.     )

     Date : 09-07-2018 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ARUN MISHRA
                         HON'BLE MR. JUSTICE S. ABDUL NAZEER


     For Petitioner(s)               Mr.   C.A. Sundram, Sr. Adv.
                                     Ms.   Hemantika Wahi, AOR
                                     Ms.   Mamta Singh, Adv.
                                     Ms.   Vishakha, Adv.

     For Respondent(s)               Mr. Huzefa Ahmadi, Sr. Adv.
                                     Mr. Rahul Gupta, AOR


                          UPON hearing the counsel the Court made the following
                                             O R D E R

In the peculiar facts and circumstances of the case, we are not inclined to interfere with the impugned judgment and order passed with respect to jurisdiction. Consequently the special leave petition Signature Not Verified stands dismissed.

Pending application, if any, also stand disposed of.

However, there appears to be serious dispute with respect to decree holders entitlement for the possession, particularly, in view of the fact that they have lost the suit against the tenants and they are stated to be in possession. As it is fairly stated by learned senior counsel appearing for the parties that as Civil Revision Petition (CRP) is pending in this regard before the Division Bench of the High Court, we request the High Court to decide the said CRP as expeditiously as possible preferably within six months from today and till the final disposal of the CRP let status quo, existing as on today with respect to possession, be maintained by the parties. However, it is made clear that any observation made in this order will not come in the way of the High Court while deciding the CRP on its own merits in accordance with law.

(NEELAM GULATI)                                     (JAGDISH CHANDER)
COURT MASTER (SH)                                      BRANCH OFFICER