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J. B. PARDIWALA, R. MAHADEVAN
Parinee Realty Pvt. Ltd. – Appellant
Versus
Narendra A. Popat (huf) – Respondent
| Table of Content |
|---|
| 1. context of high court's order in writ petition (Para 2) |
| 2. petitioners' grievances regarding urgency and status quo (Para 3 , 5 , 7 , 8) |
| 3. court's analysis on providing opportunity for hearing (Para 4 , 9 , 10) |
| 4. instruction to rera for timely resolution (Para 11 , 12) |
| 5. disposition of the special leave petition (Para 13 , 14 , 15) |
ORDER :
2. This petition arises from a order passed by the High Court of Judicature at Bombay dated 10-9-2024 in Writ Petition No. 9770/2024 by which the High Court disposed of ..the Writ Petition filed by the Respondent No.1 - herein (original petitioner) directing the original Respondent Nos. 3 to 5 respectively before the High Court to maintain status-quo till the proceedings before the Maharashtra, RERA come to an end.
"(A) This Hon'ble Court may be pleased to issue Writ of Mandamus or direction(s) or Order(s) directing the MahaRE-RA Authority, Mumbai, to urgently expedite hearing and/or to deal with the Complaint No.CCOO6OOOOOO395566 of 2023 as also with the Miscellaneous Application therein for urgent Interim Reliefs, pen
The High Court erred by commenting on the merits of orders while only addressing the delay condonation issue, necessitating restoration of appeals for merit consideration.
The Act of 2016 has an overriding effect over all other laws, and RERA proceedings should not be stalled due to a dispute between collaborators.
The court emphasized the necessity of maintaining status quo at a disputed site to prevent irreversible loss until the High Court hears the matter.
The Supreme Court emphasized the need for the High Court to expedite the disposal of pending applications under Article 226(3) of the Constitution, reinforcing the principle of timeliness in legal pr....
Ambiguous status quo orders are unsustainable; courts must specify the status to be preserved to avoid legal uncertainties.
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