Matunga Premier School And ORS v. Divakar Vishwanath Surve

1 15 CAC 482-14 in CRA 761-11.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 482 OF 2014.

IN CIVIL REVISION APPLICATION NO. 761 OF 2011 Along with CIVIL APPLICATION NO. 212 OF 2015.

and CIVIL APPLICATION NO. 213 OF 2015.

Matunga Premier School & ors.

.. Applicants Vs.

Divakar Vishwanath Surve.

.. Respondent.

Mr.V.M.Vaghela, for Applicants.

Mr.P.S.Dani, Senior advocate i/b Mr.S.M.Sabrad, for the Respondent.

CORAM: N.M.Jamdar, J.

Saturday 18 April, 2015 P.C :

The learned counsel for Applicants states that the Civil Application No.482 of 2014 has become infructuous. Accordingly it is disposed of as infructuous.

The learned Senior counsel for the Respondent states that the finding to be recorded by the learned trial Judge by order dated 17 January 2014, has been received. He states that accordingly, the matter will have to be heard for the purpose of fixation of reasonable compensation. The learned counsel for Applicants states that he has filed Civil Applications No.212 of 2015 and

2 15 CAC 482-14 in CRA 761-11.doc No.213 of 2015 to challenge the finding rendered by the trial Judge. It is not necessary to file a Civil application to challenge this finding, as the Court has already kept all contentions of parties as regards fixation of reasonable compensation, open. Accordingly, the Civil applications No. 212 of 2015 and No.213 of 2015 are disposed of. It is open to the Applicants to raise the contentions made in the Civil Application at the time of hearing as to interim relief.

Accordingly list the matter on board on 24 April 2015, under the caption for 'hearing as to interim relief'. (N.M.Jamdar, J.)