Single-judge High Court disposed of an appeal and connected civil application arising from a writ petition where the trial court had ordered status quo due to disputed facts regarding property possession.
None. Appeal and connected Civil Application disposed of consequentially.
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1 AOG-467.10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.467 OF 2010
WITH
CIVIL APPLICATION NO.610 OF 2010
IN
APPEAL FROM ORDER NO.467 OF 2010
Francis J. Ferreira & Ors..... Appellants
Vs.
The Additional Collector &
Competent Authority & Ors..... Respondents
Shri Pravin Mehta i/b M/s. Pravin Mehta
& Mithi & Co. for the Appellants.
Shri A.R. Patil, AGP, for the State.
CORAM: R.C. CHAVAN, J.
DATED: AUGUST 17, 2010
P.C:
1.Heard the learned counsel for the
appellants and the learned AGP. In this case a
writpetitionwasfiledbythe
appellants/petitioners in which it was observed
that since there is a disputed question of fact
as to whether the defendants had actually taken
possession of the property, the parties were to
have the question decided in a suit and this is
how the suit was filed. The learned Judge
2 AOG-467.10
refused ad-interim relief. Considering the
fact that the question as to whether possession
was taken by the respondent-authority is not
free from doubt, the parties shall maintain
status quo till the notice of motion is heard
on merits. The respondent-authority will file
reply to the motion before the learned trial
Judge, and the learned trial Judge shall decide
the motion as expeditiously as possible and in
any case within a period of three months.
2.The learned Advocate for the appellant
undertakes to communicate this order to the
concerned authority.
3.The appeal is disposed of.
4.In view of disposal of the appeal,
Civil Application No.610 of 2010 also stands
disposed of.
Francis J. Ferreira & Ors.
The Additional Collector & Competent Authority & Ors.
R.C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court