Mrs. Asma Begum Mohammed Siddique ... vs Mrs. Farida Amin Tharani And Ors
2022 Latest Caselaw 7522 Bom

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                                                         4.IA.407.2019.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

            INTERIM APPLICATION NO. 407 OF 2019
                             IN
         CIVIL REVISION APPLICATION NO. 909 OF 2014

Mrs. Asma Begum Mohammed Siddique Shaikh .....Applicant
IN THE MATTER BETWEEN
Mrs. Asma Begum Mohammed Siddique Shaikh ....Applicant
      Vs.
Mrs. Farida Amin Tharani & Anr.          ....Respondents

Ms. Jai Kanade a/w. Mr. Rahul Shirgavkar i/by Shivani Samel for the
Applicant.
Mr. Rakesh D. Kumar a/w. Mr. Akash Giri i/by Legal Vision for the
Respondents.


                            CORAM : NITIN W. SAMBRE, J.

DATED : 2nd AUGUST, 2022 P.C.:

1. The counsel for the Applicant would invite my attention to

the ground raised in Special Leave to Appeal Nos. 24588-24589 of

2018, particularly ground no. 5.14, which reads thus:

"5.14 - It ought to have been considered that the interest of justice require that the respondent is directed to deliver possession, the respondent is directed to pay back all the monies which were paid by the petitioner under the interim orders of the courts below and and the petitioner is also paid costs.

2. According to her, the Special Leave to Appeals preferred by

the applicant were duly allowed and the impugned order is set

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aside. As a consequences, possession of the suit premises are

returned to the applicant.

3. She would claim that once the possession was directed to be

restored, the amount which was directed to be deposited towards

compensation be also paid back to the applicant. As the amount

were paid during the pendancy of the proceedings, which was

already dropped.

4. The counsel for the respondents has raised an objection on

the maintainability of the present application as according to him,

though a specific ground for refund of the amount was made

before the Hon'ble Apex Court, the relief is granted for restoration

of possession and not refund of the amount. According to him an

independent suit before the Small Causes Court for eviction of the

applicant is pending. According to him based on the judgment of

the Hon'ble Apex Court in the matter of Atma Ram Properties (P)

Ltd vs Federal Motors (P) Ltd. reported in (2005) 1 SCC 705 prayer

for direction to the Applicant to deposit amount of compensation

is pending adjudication.

5. As such the amount deposited by applicant can be relegated

to in the said proceedings.

6. In the wake of the aforesaid submissions by the counsel for

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respondents, the counsel for the applicant submits that the

applicant shall approach the Hon'ble Apex Court seeking

clarification of the order dated 12/07/2019 delivered in the

aforesaid Special Leave to Appeal Nos. 24588-24589 of 2018.

7. In view of the above, hearing of the present applications is

adjourned by eight weeks.

          Digitally signed
ANANT     by ANANT
KRISHNA   KRISHNA NAIK
          Date: 2022.08.05
NAIK      11:51:19 +0530


                                                              (NITIN W. SAMBRE, J.)




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