Prasad Bhau Satam v. Darshan Developes And ORS

1 CAW 1887-14 in WP 6857-13.doc-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1887 OF 2014 IN WRIT PETITION NO.6857 OF 2013 Prasad Bhau Satam.

] ... Applicant In the matter between :

Prasad Bhau Satam.

] ... Petitioner

Versus

Darshan Developers and Ors.

] ... Respondents Mr. V. Y. Sanglikar i/b Mr. Prakash Mahadik for Applicant. Mr. Y. M. Choudhari a/w Reena Salunkhe for Respondent Nos.1 and 2. Ms. Aparna Muralidharan i/b P.G. Lad for Respondent Nos.3 and 4. CORAM :- M. S. SONAK, J.

DATE :- APRIL 27, 2015 P. C. :- 1.

This Writ Petition challenges Order dated 27/06/2013 made by the City Civil Court in Notice of Motion No.3004 of 2011 in Suit No.3123 of 2010.

2.

After the present petition was instituted and despite rule of interim relief having been granted, it is submitted that the Court Receiver proceeded to execute/implement the impugned order dated 27/06/2013.

URS

2 CAW 1887-14 in WP 6857-13.doc-22 3.

At this stage, no useful purpose would be served by grant of any relief in the present petition. However, Mr. Sanglikar, learned Counsel for Applicant-Petitioner, is right that this is a fit case where certain directions be issued for disposal of the suit and further the issues raised in the present petition are left open for decision by the City Civil Court.

4.

Accordingly, this petition is disposed of by directing the City Civil Court to dispose of Suit No.3123 of 2010 as expeditiously as possible and in any case, within a period of one year from today. However, it is made clear that the issues raised by the ApplicantPetitioner in the present petition are left open for consideration by the City Civil Court. In this regard, all contentions of all parties are left open.

5.

This Writ Petition is accordingly disposed of in the aforesaid terms. There shall be no order as to costs. 6.

In view of the disposal of the main Writ Petition, no orders are necessary in Civil Application No.1887 of 2014. 7.

All concerned to act on the authenticated copy of this Order.

(M. S. SONAK, J.) URS