Abraham Patani & Anr vs State of Maharashtra & Ors

Interim order dated 28.07.2008 passed by the Division Bench of the High Court of Judicature at Bombay vacating the interim order earlier granted in favour of the appellants is called in question in this appeal. While issuing notice in this appeal, the order of status quo was granted on 22.09.2008 by this Court and the appellants were directed not to put up any construction on the property in question.

Since the Writ Petition No. 3060 of 2002 is pending consideration before the Division Bench of the High Court, the same will be heard on merits. As the interim order granted by this Court is subsisting from 2008 till today, we do not propose to vacate the said interim order for the time being. It is open for the parties argue the main matter before the High Court on merits.

Having regard to the urgency involved in the matter since the matter is of 2002 and as the dispute relates to the formation of the road in Mumbai City, in our considered opinion, interest of justice will be met if the High Court decides the main matter as early as possible. Therefore, we request the High Court to decide the main writ petition within three months. We clarify that we have not observed anything on merits of the matter and all questions are kept open to be decided by the High Court. Interim order granted by this Court shall remain continue till the disposal of the writ petition.

It is needless to mention that both the parties shall cooperate for early decision in the matter. We hope and trust that none of the parties shall seek adjournment before the High Court since the writ petition is pending from 2002.

No orders are necessary on the Intervention applications and the same stands disposed of as such.

The appeal stands disposed of accordingly.

Pending application(s), if any, stands disposed of accordingly.