An appeal challenging an ad-interim order refusing to disturb possession of a disputed flat pending final disposal. The High Court dismissed the appeal, declined to interfere, and refused a request to expedite proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APEAL NO. 96 OF 2009
IN
NOTICE OF MOTION NO. 3052 OF 2008
IN
SUIT NO. 2575 OF 2008
Kishan S/o. Sanwarmal Kedia. .. Appellant. Vs. Nisha A. Rebello & Ors. .. Respondents Mr. A.M. Saraogi for the appellant. Mr. Om Prakash Shukla for Respondent Nos. 2 to 5.
CORAM : J. N. PATEL & SMT. R.P. SONDURBALDOTA, JJ DATE : 12TH OCTOBER, 2009
P.C. :
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Heard.
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dispossessed by respondents-defendant nos 2 to 5. The learned Single Judge while considering the grant of ad-interim relief has observed that the nature of relief sought by the appellant-plaintiff is of drastic nature i.e. it would oust the respondents-defendants purchasers from the premises and, therefore, at this stage it did not think it proper to disturb the possession of the respondents-defendants. But the impugned order sufficiently preserves the interest of the parties in respect of the suit flat.
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learned Single Judge to get the notice of motion expeditiously disposed
of as per the convenience of the Court.
( J. N. PATEL, J)
(SMT. R.P. SONDURBALDOTA, J.)
2 issues framed by the court
Whether the High Court should interfere with the ad-interim order of the Single Judge refusing to disturb possession of the suit flat pending final disposal.
Whether the High Court should direct expedited hearing of the notice of motion or suit.
1 provisions across 1 enactments
Kishan S/o. Sanwarmal Kedia
Nisha A. Rebello & Ors.
J. N. PATEL
R.P. SONDURBALDOTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
