Supreme Court of India

BHARAT BUILDERS (PVT.) LTD. AND ORS.versusPARIJAT FLAT OWNERS CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.

Citation: 1996 INSC 488
Decided: 4 April 1996
Disposal: Disposed off
Bench: K RAMASWAMY

Holding

The Court ordered that the civil appeal be listed and disposed of together with the writ petitions before a Division Bench, and disposed of the appeal without costs.

Summary

The Bombay High Court entertained a procedural application to list a civil appeal (No. 7032 of 1996) together with writ petitions filed under Articles 226 and 227 of the Constitution. The appeal arose from a decree for specific performance in suit No. 869/92 against Bharat Builders and others. Counsel for the respondents requested that the matter be placed before a Division Bench for final disposal, noting that the writ petitions were already pending. The Court agreed, directing that the appeal be tagged along with the writ petitions and heard by a Division Bench, preferably within six months. The appeal was consequently disposed of without any order for costs.

Issues considered

Whether a civil appeal can be listed together with pending writ petitions under Articles 226 and 227 for disposal by a Division Bench
Whether the High Court has jurisdiction to direct such procedural consolidation

Legislation cited

Constitution of Indias. 226, s. 227

Subjects

civil appealspecific performancewrit petitionArticle 226Article 227division benchprocedural orderBombay High Court

Judgment

•
A BHARAT BUILDERS (PVT.) LTD. AND ORS.
v.
PARIJAT FLAT OWNERS CO-OPERATIVE HOUSING
SOCIETY LTD. AND ORSI.

APRIL 4, 1996
B
[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
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.
D
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
i

B.N. Naik, B.N. Vaishava, Rajeev Sharma, Ms. Nee/am Sharma, Ajay
Sharma and T.C. Sharma for the Appellants.
E
·Arri! B. Diwan, Y.R. Naik, R.K. Sharma and KR. Choudhary for the
Respondents.

The following Order of the Court was delivered :
I

F Leave granted.
till
~
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.
24
• BHARAT BUILDERS (PVf.) Lm. v. P. FLAT OWNER CO-OP. HSG. SOCIETY LTD.

No. 869/92 has been filed and the Cdurl has directed that the appeal also
25

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
B
possible preferably within a period of six months from the date of the
receipt of this order.
0
The appeal is accordingly disposed of. No costs.

R.P. Appeal disposed of. c

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