Faiz Ali vs. Kolkata Municipal Corporation

ITEM NO.49

COURT NO.7

SECTION XVI

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).13685/2017 (Arising out of impugned final judgment and order dated 10-01-2017 in GA No.2967/2016 10-01-2017 in APO No.260/2016 10-01-2017 in WP No.828/2016 passed by the High Court at Calcutta)

FAIZ ALI & ANR.

PETITIONER(S)

VERSUS

KOLKATA MUNICIPAL CORPORATION & ORS. $RESPONDENT(S)$

Date: 01-03-2019 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI

For Petitioner(s)

Mr.Huzaifa Ahmadi, Sr.Adv. Mr.Sanchit Guru, Adv. Mr.Jamnesh Kumar, Adv. Mr.Samartha Khanna, Adv. Mr.Himanshu Shekhar, AOR

For Respondent(s)

Mr.Suiov Mondal, Adv. Mr.Chanchal Kumar Ganguli, AOR

Mr.Raja Chatterjee, Adv. Mr.Runamoni Bhuyan, Adv. Mr.Piyush Sachdev, Adv. Mr.Adeel Ahmed, Adv. Ms.Abhinandini Yadav, Adv. Mr.Satish Kumar, AOR

UPON hearing the counsel the Court made the following O R D E R

It is not in dispute that during the pendency of this litigation, the respondent No.7 to 19 have filed Civil Suit T.S.No.81 of 2017 in the court of Civil Judge (Sr.Division), YerinSealdah, Kolkata in which present petitioner is one of the If that be so, in our opinion, the rights of the barties. parties shall now be governed by the decision that will be rendered by the civil court in the civil suit.

We make it clear that any observation made by the High Court in the proceedings out of which this special leave petition arises shall not influence the trial court while deciding the rights of the parties in the civil suit.

With the aforesaid observation and direction, this special leave petition stands disposed of.

Pending applications, if any, stand disposed of.

(Ashok Raj Singh) (Chander Bala) Court Master Court Master