Harshad Ratilal Mehta And ORS. v. Hajra Iqbal Memon And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5696 OF 2017 Hajra Iqbal Memon ..

Petitioner vs.

Harshad Ratilal Mehta & Ors.

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Respondents WITH CIVIL APPLICATION NO. 2240 OF 2017 Harshad Ratilal Mehta & Ors.

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Applicants vs.

Hajra Iqbal Memon & Ors.

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Respondents Mr. V. A. Thorat - Senior Advocate with Mr. Vaibhav S., S. K. Srivastava, Simeen Shaikh and Priyanka G. i/b. S. K. Srivastava & Co. for Petitioner.

Mr. G. S. Godbole i/b. Mr. S. R. Ronghe for Respondent Nos. 1 to 6.

Mr. S. H. Kankal - AGP for Respondent No. 7. CORAM : M. S. SONAK, J.

DATE: 25 SEPTEMBER 2017 P.C :

1] Heard learned counsel for the parties.

2] The order impugned in this petition is the one by which the revisional authority declined to grant any interim reliefs in favour of the petitioner pending the hearing and final disposal of revision application no. RTS/R/Satara/71/2017.

3] This Court, by its order dated 26th May 2017 granted interim relief to the petitioner. The same has been continuing till date. 1/3

4] In the aforesaid circumstances, without adverting to the merits of the matter, it will be appropriate if the interim relief is continued during the pendency and final disposal of the aforesaid revision application and further, the hearing in the revision application is ordered to be expedited. Such a situation, will be more or less, equitable, to both the parties.

5] Accordingly, the revisional authority is directed to prepone the hearing in the revision application to 4th October 2017. 6] The parties to appear before the revisional authority on 4th October 20117, and, if possible, proceed with the hearing in the revision application. In any case, revisional authority is directed to dispose of the revision application on its own merits and in accordance with law as expeditiously as possible and in any case on or before 31st October 2017. During the pendency of the revision application, the interim order granted by this Court on 26th May 2017 to operate.

7] The revisional authority need not be influenced by grant of this limited prayer by this Court. The revision application, as indicated earlier, is to be disposed of on its own merits and in accordance with law.

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8] The petition is disposed of in the aforesaid terms. 9] In view of disposal of the petition, civil application does not survive and is disposed of accordingly.

10] All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.) Chandka 3/3