Advocates:
ANAND DILIP LANDGE

ITEM NO.51 COURT NO.5 SECTION IX

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) Nos. 16147-16149/2022

(Arising out of impugned judgment and order dated 06-09-2022 in IA

No. 17880/2022 in CRA No.285/2022, 06-09-2022 in IA No. 17863/2022

in WP No.6701/2022, 06-09-2022 in IA No. 17861/2022 in WP (ST)

No.13161/2022 passed by the High Court of Judicature at Bombay)

AMEDMAL BHATEWADA (DECEASED) THROUGH RLS

CHANDRAKALA SHANTILAL LUNAWAT & ORS. Petitioner(s)

VERSUS

CONCORD COOPERATIVE HOUSING SOCIETY & ORS. ETC. Respondent(s)

(IA No. 136173/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT, IA No. 136175/2022 - EXEMPTION FROM FILING O.T.)

Date : 11-11-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.R. SHAH

HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s)

Mr. Gaurav Agrawal, Adv.

Mr. Bhalchandra Nikte, Adv.

Mr. Anand Dilip Landge, AOR

Mr. Chaitanya Nikte, Adv.

Mr. Avineesh Jha, Adv.

For Respondent(s) Mr. Shashibhushan P. Adgaonkar, AOR

Mr. Omkar Jayant Deshpande, Adv.

Mr. Yogesh Korke, Adv.

Mr. Umesh Balaji Tare, Adv

Mr. Pradnya S. Adgaonkar, Adv.

Mr. Anil Anturkar, Sr. Adv.

Mr. Sugandh Deshmukh, Adv.

Mr. Prashant R. Dahat, Adv.

Mr. Puneet Yadav, Adv.

Mr. Sourabh Gupta, Adv.

Mr. Ravi Ranjan, Adv.

Mr. T. R. B. Sivakumar, AOR

Mr. Sandeep Sudhakar Deshmukh, AOR

UPON hearing the counsel the Court made the following

O R D E R

Having heard Shri Gaurav Agrawal, learned counsel

appearing on behalf of the petitioners and Shri Anil Anturkar,

contd..

Digitally signed by

Neetu Sachdeva

Date: 2022.11.16

16:20:28 IST

Reason:

Signature Not Verified

- 2 -

learned Senior Advocate appearing on behalf of the contesting

respondents, the impugned order dated 06.09.2022 passed by the

High Court is hereby quashed and set aside. As the respective

applications filed by the respective parties including the

application for vacating ad-interim injunction filed by the

petitioner is pending and there are other applications also

pending, which are yet to be considered by the learned Single Judge

of the High court, we are not assigning any further reasons and

even the learned counsel appearing for the respective parties are

not inviting any further reasons on merits, while setting aside the

impugned order.

It is reported that the next date of hearing before the

learned Single Judge is 22.11.2022. We request the learned Single

Judge to decide and dispose of all the pending applications in the

proceedings, at the earliest and preferably within a period of four

weeks from today. That will not come in the way of the learned

Single Judge, if the learned Single proposes to finally decide and

dispose of the entire proceedings, which shall be considered in

accordance with law and on its own merits and without in any way

being influenced by the present order.

The present order also shall not be construed that by the

present order ad-interim stay granted earlier by the learned Single

Judge is vacated. It is reported that the application filed by the

petitioner(s) to vacate ad-interim stay is yet to be considered by

the learned Single Judge.

Contd..

- 3 -

With this clarification, the Special Leave Petitions stand

disposed of.

Pending applications including the application for impleadment

stand disposed of.

(NEETU SACHDEVA) (NISHA TRIPATHI)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR