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Bombay High CourtCAC/23/2018

Mrs. Asma Begum Mohammed Siddique Shaikh v. Mrs. Farida Amin Tharani And ORS

2018-08-07Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

1/2 CAC.23-18.doc [Asma v Farida]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.23 OF 2018 IN CIVIL REVISION APPLICATION NO.909 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. G.S. Godbole, Senior Advocate a/w. Jui Kanade i/b. Nikita Jacob & Ms. Shivani Samel, Advocate for the applicant.

Mr. R.S. Apte, Senior Advocate a/w. Aishwarya Hadkar a/w. Rounish Pandey i/b. M/s. Legal Vision, for Respondent No.1.

Mr. Rakesh Kumar a/w. Dipti Pednekar i/b.

Vijendra Jabra, Advocate for Respondent No.2. CORAM : R. G. KETKAR, J.

DATE : 07/08/2018 P.C.:

1.

Heard Mr.G.S. Godbole, learned Senior Counsel for the applicant, Mr. R.S. Apte, learned Senior Counsel for respondent No.1 and Mr. Rakesh Kumar, learned Counsel for respondent No.2.

2.

By this application, the applicant has inter alia prayed for following reliefs :

"(a) That this Hon'ble Court be pleased to return the amounts deposited by the Applicant, amounting to a total of Rs.3,30,000/-, with this Hon'ble Court, the details of which are more particularly described in Schedule A hereto; along with interest accruing

2/2 CAC.23-18.doc [Asma v Farida] thereon, by virtue of the same being invested as a fixed deposit in a nationalized bank as directed by this Hon'ble Court;

(b) That pending the hearing and final disposal of the above Application, this Hon'ble Court be pleased to direct the Respondents herein to hand over possession of subject premises to the Applicant herein in consonance with the orders passed by this Hon'ble High Court in the above C.R.A. No.909 of 2014, by the Hon'ble Supreme Court as well as the order of the Competent Authority dated 27.10.2017;"

3.

In view of the order separately passed in Writ Petition No.7356/2018, it is not possible to grant any relief prayed in this application. It will be open to the applicant to approach the Apex Court for the reliefs claimed in terms of prayer clauses (a) & (b) of this application. Subject to this, the application fails and the same is dismissed. Order accordingly. by Pradipkumar Prakashrao Deshmane Date: 2018.08.07 18:14:31 +0500 (R. G. KETKAR, J.) Pradipkumar Prakashrao Deshmane Deshmane(PS)