Rohinton Eruch Shroff And ORS. v. Mahesh Chandra Mathur

1 508-wp-8471-17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8471 OF 2017 Rohinton Eruch Shroff and ors.

..Petitioners Vs Mahesh C. Mathur ..Respondent Mr. S.M. Gorwadkar, Sr. Advocate a/w. Mr. Pritesh Vyas for he Petitioner.

CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : AUGUST 1, 2017.

P.C. :

.

Not on board. In view of urgency, taken on production board.

2] Through this petition filed under Article 226 of Constitution of India, the petitioners seek following direction: "a] that a Writ of Mandamus or any other writ, order or direction in the nature of Mandamus be issued directing the Appellate Court of Small Causes, Mumbai to dispose of Appeal No. 60 of 2012 in R.A.E. Suit No. 143/2014 of 2007 as early as possible and preferably within one month from the date of Order;"

3] Learned counsel for the petitioners submits that the appeal is pending since long and now it is fixed for final hearing on 7th August 2017.

Dinesh Sherla 1/2

2 508-wp-8471-17.sxw 4] According to learned counsel for the petitioners in view of law laid down by the Hon'ble Supreme Court in case of Hameed Kunju vs. Nazim - Civil Appeal No. 9151 of 2017, the priority is to be given to disposal of the appeal since the question involved in the suit and the appeal is bonafide requirement of suit premises by the landlord.

5] Having regard to the aforesaid, we are inclined to dispose of this petition with liberty to the petitioners to submit a copy of the said judgment in case of Hameed Kunju (supra) before Appellate Court.

6] We expect that the Appellate Court where the said appeal is pending shall consider the petitioners' prayer of early disposal of the appeal and decide the pending appeal, as expeditiously as possible, keeping in view of the law laid down by the Supreme Court. 7] With aforesaid observations, the petition is disposed. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Dinesh Sherla 2/2