Anwar Khan Ahmed Khan Since Decd. Thr Lrs. v. M/S Apsara Bakery And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 2708 OF 2022 Anwar Khan Ahmed Khan (Since Decd.) Thr Lrs. & Ors.

....Petitioners V/S M/s Apsara Bakery & Ors.

....Respondents Mr. Abdul R. Shaikh for the petitioners Mr. Abhaykumar Apte for the respondents CORAM : NITIN W. SAMBRE, J.

DATED :

19th OCTOBER, 2022 P.C.:

1.

Heard.

2.

The order impugned passed below Exhibit-19 in an appeal pending before learned District Judge the respondents/tenants were directed to deposit compensation which they have failed to. As such, the aforesaid application was taken for vacation of adinterim relief in favour of the respondents/tenants. 3.

The learned District Judge while passing the order impugned was impressed by the pendency of the Petition being WP/1024/2020 which is initiated by the respondents questioning the order of award of compensation.

4.

Be that as it may.

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As in the WP/1024/2020 which is pending adjudication before this Court, since no interim relief is granted, it will be appropriate in my opinion to set aside the order dated 17/11/2021 impugned in the present petition with directions to decide the said application afresh without being influenced by pendency of the WP/1024/2020.

6.

The petition as such, stands partly allowed.

7.

We request the Appellate Court to decide the application of the petitioners expeditiously.

ANANT KRISHNA NAIK by ANANT KRISHNA NAIK Date: 2022.10.21 20:01:16 +0530 (NITIN W. SAMBRE, J.) akn 2/2