Reliable Spaces Pvt Ltd vs. Ramanlal Harakchand Banthia
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble M.R. Shah, Hon'ble Krishna Murari
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed
Listed On:
19 Sept 2022
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
122802/2022,122804/2022,122806/2022,126859/2022,
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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) Nos. 15845-15847/2022
(Arising out of impugned final judgment and order dated 29-03-2022 in AFO No. 449/2021, 12-04-2022 in AFO No. 449/2021 and 05-05-2022 in AFO No. 449/2021 passed by the High Court Of Judicature at Bombay)
RELIABLE SPACES PVT LTD & ANR. Petitioner(s)
VERSUS
RAMANLAL HARAKCHAND BANTHIA & ORS. Respondent(s)
(IA No. 122802/2022 - APPLICATION FOR SUBSTITUTION IA No. 122804/2022 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. IA No. 126859/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES
IA No. 122806/2022 - SETTING ASIDE AN ABATEMENT)
Date : 19-09-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE KRISHNA MURARI
| For Petitioner(s) | Mr. K.V. Viswanathan, Sr. Adv.<br>Mr. Miheer Jayakar, Adv.<br>Ms. Gunjan Jayakar, Adv.<br>Mr. T. V. S. Raghavendra Sreyas, AOR<br>Mr. Naveen Hegde, Adv.<br>Mr. Siddharth Vasudev, Adv.<br>Mr. Rahul Sangwan, Adv. |
|---|---|
| For Respondent(s) | MR. SHYAM DIVAN, SENIOR ADVOCATE<br>MR. SHREEYASH U. LALIT, ADVOCATE<br>MR. MAHESH KUMAR, ADVOCATE<br>MR. VINOD U. SHINDE, ADVOCATE<br>MS. DEVIKA KHANNA, ADVOCATE<br>MRS. V.D. KHANNA, ADVOCATE |
| Mr. Vmz Chambers, AOR | |
| Mr. Shardul Singh, Adv.<br>Mr. Idris M. Vohra, Adv.<br>Mr. Nikhilesh Kumar, Adv.<br>Mr. Zakir Husain, Adv.<br>Mr. P. N. Puri, AOR |
contd..
UPON hearing the counsel the Court made the following O R D E R Delay in filing substitution application is condoned; application for substitution is allowed and abatement is set aside.
We have heard Mr. K.V.Viswanathan, learned senior Advocate appearing on behalf of the petitioners and Mr. Shyam Divan learned Senior Advocate assisted by Shreeyash U. Lalit, learned counsel appearing on behalf of the respondents. In the facts and circumstances of the case and the reasoning given by High Court, we see no reason to interfere with the impugned judgment and orders passed by the High Court. It goes without saying that if during the pendency of the suit, any land is transferred the principle of lis pendens shall always be applied.
However, it is observed that the learned Trial Court to decide or dispose of the suit in accordance with law and on its own merits and without in any way being influenced by any of the observations made by High Court in the impugned judgment and orders, as the observations made by the High Court be treated as confined to deciding the Exhibit-5 Application only.
With this, the Special Leave Petitions stand dismissed/disposed of.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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