Mrs. Manju W/O. Gopal Kedia And ORS v. Mr. Sandeep S/O. Gopal Kedia And ANR

26 AOST 1295 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.1295 OF 2018 Mrs. Manju w/o Gopal Kedia and ors ...

Appellants.

V/s.

Sandeep Gopal Kedia and anr ...

Respondents Mr. P. M. Shah a/w Dishang Shah i/by Mr. Prajot H. Jaggi, for appellants.

Mr. Anand Mishra i/by Ashok M. Saraogi, for respondent No.1.

Mr. Omkar Khanvilkar a/w Mr. Devang Sharma i/by Solicis Lex for respondent No.1.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th JUNE, 2018.

P.C. :

1] Learned counsel for respondent No.2, who is present before the Court, on instructions, makes statement at Bar, that the respondent No.2 has vacated the said premises. Learned counsel for respondent No.1 confirms the said fact.

2] The only request made by the learned counsel for the appellant is that this Court shall now clarify as to who should execute the leave and licence agreement as there are conflicting orders, dated 12.2.2018 and 23.4.2018, passed by this Court 3] In my considered opinion, as per order dated 6.6.2018, 1/2

26 AOST 1295 OF 2018.odt this Court has already held that as this conflict is in the nature of either review or speaking to the minutes of earlier orders and as the earlier orders were passed by another Single Bench, remedy is available to respondent No.2 to move appropriate bench. 4] Praecipe is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2