The High Court dismissed a writ petition filed for enforcing a prior single judge order directing a land transfer and monetary payment. The court held enforcement is not appropriate and permitted alternative remedies.
The petition was dismissed and the rule was discharged without order as to costs.
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.
Dixit
WPL-935-10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODGING) NO.935 OF 2010
| Atlanta Ltd. & Anr. | ... | Petitioners |
|---|---|---|
| V/s. | ||
| Maharashtra Housing & Area Development | ||
| Authority, Mumbai & Anr. | ... | Respondents |
Mr. M.M. Vashi, i/b. M/s. M.P. Vashi & Associates, for the Petitioners.
Mr. G.A. Mattos for Respondent No.1.
Ms. Suchitra Kamble for Respondent No.2.
CORAM : S.A. BOBDE & A.A. SAYED, JJ.
DATE : 17TH FEBRUARY, 2012.
P.C. :
the order passed by the learned Single Judge of this Court dated 9th July, 1996 in Writ Petition No.1204 of 1996. By that order, the learned Single Judge has ordered the Respondent No.1 therein to pay to the Respondent No.2 therein a
1/2
Dixit
WPL-935-10
sum of Rs.9,39,996.20 within a period of one week from today. It is not disputed
that the Respondent No.2 herein and the Respondent No.1 in Writ Petition No. 1204 of 1996, both, carry out the same functions under the Income Tax Act. The prayer clause (b) in the present Writ Petition reads as follows :
2/2
1 issue framed by the court
Whether a writ petition filed for enforcement of a prior single judge order should be entertained by the court.
Atlanta Ltd. & Anr.
Maharashtra Housing & Area Development Authority, Mumbai & Anr.
S.A. Bobde
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
