A
B
BHARAT BUILDERS (PVT.) LTD. AND ORS.
v.
PARIJAT FLAT OWNERS CO-OPERATIVE HOUSING
SOCIETY LTD. AND ORSI.
APRIL 4, 1996
[K. RAMASWAMY AND G.B. PATT/l.NAIK, .JJ.J
Constitution of India, 1950 :
C
A1tic/es 226, 227-Wiit petition-Listing of for a(imission-Matter to be
D
E
F
placed before the Division Bench of the High Cowt a/ongivith the appeal
wising out of the decree passed in suit for specific pe1fonnance.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7032 of
1996.
From the Judgment and Order dated 6.3.95 of the Bombay High
Court in LP.A. No 16/94 in W.P. No. 3092 of 1992. I
B.N. Naik, B.N. Vaishava, Rajeev Sharma, Ms. Nee/am Sharma, Ajay
Sharma and T.C. Sharma for the Appellants.
·Arri! B. Diwan, Y.R. Naik, R.K. Sharma and KR. Choudhary for the
Respondents.
The following Order of the Court was delivered :
I
Leave granted.
While we are hearing the matter on the procedural part of listing for
admission of the writ petitions filed under Articles n6, 227 of the Con-
stitution of India in Bombay High Court, Mr. Anil B. Diwan, learned senior
counsel for the respondents, has stated that a direction may be given to
G place this matter before the Division Bench for disposal. We think that the
appropriate course would be that the matter may be placed before the
Division Bench. The learned Chief Justice of the High Court is requested
to place the matter before the Division Bench presided over by him or .
some other Bench for final disposal. We are informed that against the suit
H
for specific performance decreed by the Civil Judge, City Civil Court, P.A.
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til
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BHARAT BUILDERS (PVf.) Lm. v. P. FLAT OWNER CO-OP. HSG. SOCIETY LTD.
25
No. 869/92 has been filed and the Cdurl has directed that the appeal also A
may be tagged along with the writ petition. We are informed that the matter
has already been lagged with the writ petition. In that view of the matter,
it would be expedient that both the matters may be disposed of together
by the Division Bench. We are informed that the respondents are also
anxious to have the matter disposed of. Under these circumstances, we
request the High Court have the matters disposed of as expeditiously as
possible preferably within a period of six months from the date of the
receipt of this order.
The appeal is accordingly disposed of. No costs.
R.P.
Appeal disposed of.
B
c
Lex