Supreme CourtDivision Bench(2011) 02 SC CK 0035

Rajesh Naupatlal Sankla and Another vs Raja Mahendragir Dhanrajgir and Others

Supreme Court Of India · Decided on 15 February 2011

HON’BLE JUDGES
H. L. Gokhale, J · Dalveer Bhandari, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 1999 of 2011 (Arising out of SLP (C) No. 23144 of 2007)

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Judgment

8 paragraphs · 229 words
1.

Leave granted.

2.

We have heard the learned Counsel for the parties.

3.

Mr. Sanyal, learned senior counsel appearing for the Appellants prays for some time to file a petition u/s 226 of the Constitution before the High Court. Let the petition be filed within four weeks from today. He also undertakes to implead the Respondents and the Union of India in the writ petition to be filed before the High Court.

4.

Mr. Jaideep Gupta, learned senior counsel appearing for the Respondents submits that the suit is pending before the Small Causes Court, Pune.

5.

We direct the proceedings in the suit to continue, however, no final order in the suit be passed until the disposal of the writ petition to be filed by the Appellants before the Bombay High Court.

6.

In the facts and circumstances of the case, we request the Bombay High Court to dispose of the writ petition, if filed (by the Appellants within four weeks from today) as expeditiously as possible, in any event, within a period of one year from the date of filing of the writ petition.

7.

In case, the writ petition is not filed with in a period of four weeks, this order would be of no avail to the Appellants.

8.

With these observations, this appeal is disposed of, leaving the parties to bear their own costs.