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Bharat Builders (Pvt.) Ltd. and Ors. v. Parijat Flat Owners Co-Operative Housing Society Ltd. and Ors.

Disposed of
Court
Supreme Court of India
Decided
4 April 1996
Bench
K. Ramaswamy, G. B. Pattanaik
Result
Appeal disposed of.

Headnote

Constitution of India, 1950 :

A1tic/es 226, 227-Wiit petition-Listing of for a(imission-Matter to be placed before the Division Bench of the High Cowt a/ongivith the appeal wising out of the decree passed in suit for specific pe1fonnance.

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

I Leave granted. til While we are hearing the matter on the procedural part of listing for admission of the writ petitions filed under Articles n6, 227 of the Con-stitution of India in Bombay High Court, Mr. Anil B. Diwan, learned senior counsel for the respondents, has stated that a direction may be given to place this matter before the Division Bench for disposal. We think that the appropriate course would be that the matter may be placed before the Division Bench. The learned Chief Justice of the High Court is requested to place the matter before the Division Bench presided over by him or some other Bench for final disposal. We are informed that against the suit for specific performance decreed by the Civil Judge, City Civil Court, P.A. No. 869/92 has been filed and the Cdurl has directed that the appeal also may be tagged along with the writ petition. We are informed that the matter has already been lagged with the writ petition. In that view of the matter, it would be expedient that both the matters may be disposed of together by the Division Bench. We are informed that the respondents are also anxious to have the matter disposed of. Under these circumstances, we request the High Court have the matters disposed of as expeditiously as possible preferably within a period of six months from the date of the receipt of this order.

The appeal is accordingly disposed of. No costs.

Case details

Arising from

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7032 of 1996.

Appearances

From the Judgment and Order dated 6.3.95 of the Bombay High Court in LP.A. No 16/94 in W.P. No. 3092 of 1992. I i B.N. Naik, B.N. Vaishava, Rajeev Sharma, Ms. Nee/am Sharma, Ajay Sharma and T.C. Sharma for the Appellants.

·Arri! B. Diwan, Y.R. Naik, R.K. Sharma and KR. Choudhary for the Respondents.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.