Bhanumati Keshrichand Jhaveri (Since Deceased) Through Lrs vs. Goodwill Realtors And Properties Pvt. Ltd
AI Summary
The Supreme Court has granted an interim stay on a High Court order that directed the framing of additional issues in a civil property dispute. This crucial development affects a case where legal representatives of a deceased petitioner are challenging a High Court decision, ensuring the primary suit can continue while specific procedural directions are temporarily halted.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The case originated from a Special Leave Petition filed against an order of the High Court of Judicature at Bombay dated April 13, 2022, which had directed the framing of additional issues in an underlying civil suit. The petitioner, legal representatives of a deceased individual, challenged this direction. The Supreme Court, on May 17, 2022, issued notice to respondent numbers 1 and 3, and granted an interim stay on the High Court's order regarding the framing of additional issues, while clarifying that the trial court could continue with the suit.
Timeline of Events
Underlying Civil Writ Petition (CWP No. 6356/2021) filed in High Court of Judicature at Bombay.
High Court of Judicature at Bombay passed an order in CWP No. 6356/2021, directing the framing of additional issues.
Filing of the Special Leave Petition (C) No. 8504/2022 in the Supreme Court of India.
Supreme Court heard the Special Leave Petition, issued notice, and granted an interim stay on the High Court's order.
Approximate deadline for filing counter affidavit (4 weeks from May 17, 2022).
Deadline for filing rejoinder affidavit.
Next returnable date for notice.
Key Factual Findings
The High Court had passed an order directing the framing of additional issues.
Source: Recited from Impugned Order
Respondent No. 1's counsel accepted notice.
Source: Current Court Finding
Other respondents are proforma respondents.
Source: Recited from Petitioner Pleading
The present stay order should not hinder the Trial Court's proceedings.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
The petitioners, through their senior counsel, argued for an interim stay of the High Court's order, implicitly contending that the direction to frame additional issues was either unnecessary, incorrect, or would unnecessarily prolong/complicate the trial, thereby seeking immediate relief from the Supreme Court.
Respondent's Arguments
The respondents, through their senior counsel, accepted notice for respondent no. 1, implying their presence and awareness of the proceedings, but no specific arguments are recorded in this brief order regarding the merits of the High Court's order or the stay application.
Court's Reasoning
The Court, after hearing counsel, issued notice to select respondents and granted an interim stay on the impugned High Court order. The reasoning for the stay is not explicitly detailed but implies that the Court found a prima facie case for interference with the High Court's direction regarding additional issues, deeming it appropriate to halt its operation pending further hearing of the Special Leave Petition. The Court also clarified that the stay would not impede the Trial Court's ability to proceed with the main suit, suggesting the stay is specifically limited to the 'additional issues' aspect.
- Emphasis on Expedited Justice (by preventing unnecessary issues)
- Pragmatism (by allowing suit to continue despite stay on one aspect)
Impugned Orders
Specific Directions
- 1.Issue notice to respondent nos. 1 and 3 only, returnable on 18.07.2022.
- 2.In the meantime, the impugned judgment and order passed by the High Court directing to frame the additional issues is ordered to be stayed.
- 3.Counter affidavit, if any, to be filed within a period of four weeks from today.
- 4.Rejoinder affidavit, if any, to be filed on or before 11.07.2022.
- 5.The present stay order shall not come in the way of the learned Trial Court in proceeding further with the suit.
Precedential Assessment
Non-Binding (Procedural)
This is a brief interim procedural order, issuing notice and granting a temporary stay. It does not establish a new legal principle or interpret a statute in a manner that would be binding or highly persuasive as a precedent.
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Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.
Order Issued After Hearing
Purpose:
First Hearing
Listed On:
17 May 2022
Original Order Copy
Get a certified copy of this order
Order Text
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 8504/2022
(Arising out of impugned final judgment and order dated 13-04-2022 in CWP No. 6356/2021 passed by the High Court of Judicature at Bombay)
BHANUMATI KESHRICHAND JHAVERI (SINCE DECEASED) THROUGH LRS Petitioner(s)
VERSUS
GOODWILL REALTORS AND PROPERTIES PVT. LTD. & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.69165/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.69166/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )
Date : 17-05-2022 This petition was called on for hearing today.
CORAM :
Natarajan
12:00:16 IST Reason:
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. Amit Sibal, Sr. Adv. Mr. Darpan Sachdeva, Adv. Mr. Vinay Tripathi, Adv. Ms. Nupur Kumar, AOR
For Respondent(s) Mr. Shyam Divan, Sr. Adv. Mr. Shohit Chaudhry, AOR
UPON hearing the counsel the Court made the following O R D E R
Issue notice to respondent nos. 1 and 3 only, returnable on 18.07.2022, as the other respondents are reported to be proforma respondents.
Shri Shohit Chaudhary, learned counsel accepts notice on behalf of respondent no.1.
In the meantime, the impugned judgment and order passed by the High Court directing to frame the additional issues is ordered to be stayed. Digitally signed by R Date: 2022.05.20 Signature Not Verified
Counter affidavit, if any, to be filed within a period of four weeks from today.
Contd..
Rejoinder affidavit, if any, to be filed on or before 11.07.2022.
It goes without saying that the present stay order shall not come in the way of the learned Trial Court in proceeding further with the suit.
(NEETU SACHDEVA) (NISHA TRIPATHI) COURT MASTER (SH) ASSISTANT REGISTRAR