Iqbal Abdul Sattar Shaikh and Other Vs Indira Prasad J. Tripathi

CRA113.2011

1/2

Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.113 OF 2011 with

¶5

CIVIL APPLICATION NO.218 OF 2014

¶6

Mr. Iqbal A.S. Shaikh & Anr. .... Applicants Vs. Mr. Indira Prasad J. Tripathi .... Respondent

¶7

Mr. Shriram S. Kulkarni, Advocate for the Applicants. Mr. H.R. Sharma, Advocate for the respondent.

¶8

Coram : Smt. R.P. SondurBaldota, J. Date : 1^st July, 2014.

¶9

P.C.

¶10

This revision application is directed against the order decreeing the suit filed by the respondent under Section 6 of Specific Relief Act. The respondent has already taken possession of the suit premises in execution of the decree. In that circumstance, Mr. Kulkarni, the learned Advocate for the applicant states that the applicants have filed a substantive suit against the respondent for possession of the suit premises. He, however, points out that the impugned judgment and decree contains observations of the trial court on the title of the parties to the suit premises. In the suit filed under Section 6 of the Specific Relief Act, the court has to consider only fact of

¶11

Dusane

¶12

2/2 CRA113.2011

¶13

possession of the premises by the parties at the relevant time and not their title to the premises. Therefore, civil revision application is dismissed with a clarification that any observation in the impugned judgment and order on the claims of the parties to the title to the suit premises will have no bearing on the subsequent substantive suit and all the contentions of the parties on title are open for adjudication.

¶14

In view of disposal of the Civil Revision Application, the Civil Application does not survive, the same is accordingly disposed off.

Iqbal Abdul Sattar Shaikh and Other v. Indira Prasad J. Tripathi

Case brief

What is this about?

What did the court decide?

Iqbal Abdul Sattar Shaikh and Other v. Indira Prasad J. Tripathi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Virdhichand Synthetic Mills and Ors. Vs Sandeep Syndicate, through Prop. Sou. Bhajanidevi Parasmal Chopra and Ors.

Sadashiv Padmakar Karanjawane (Deceased through Lrs) Vijay Padmakar Karanjawane and Ors. Vs Pune Municpal Corporation and Ors.

Virdhichand Synthetic Mills and Ors. Vs Sandeep Syndicate, through Prop. Sou. Bhajanidevi Parasmal Chopra and Ors.

Shri Anant Parisa Karve Vs 1.THE Collector, Kolhapur

Mr. Shaikh Mohammad Shaikh Mahamood Vs Shri. Vijay Kashinath Varde

Ram Maloji Walekar Vs Municipal Corporation for Greater Mumbai and Ors.