Mahendra Parasmal Surana vs Louis Lobo And Ors
2024 Latest Caselaw 6962 Bom

Bombay High Court

Mahendra Parasmal Surana vs Louis Lobo And Ors on 4 March, 2024

2024:BHC-AS:11706


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                                                                        49 - IA 1161 OF 2022.doc



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.1161 OF 2022
                                             IN
                                WRIT PETITION NO.1499 OF 2006
           Mahendra Parasmal Surana                                ..... Applicant
           IN THE MATTER BETWEEN
           Louis Lobo                                              ..... Petitioner

                     VERSUS

           Mohamed Yusuf Moosa And Ors.                            ..... Respondents

           Mr. Kunal Patil i/b. R.V.Sankpal & Associates for the Applicant.

           Mr. Clive D'souza for the Respondents in IA and for the Original
           Petitioners in WP.

                                                    CORAM: RAJESH S. PATIL, J.

                                                    DATE    : 4 MARCH, 2024

           P.C. :-

This interim application is filed to fix the compensation as

per the market rate as per the ratio laid down by the Supreme

Court in the judgment of Atma Ram Properties (P) Ltd. vs.

Federal Motors (P) Ltd., reported in (2005) 1 SCC 705. The writ

petition was admitted on 12 April, 2006. The interim application

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49 - IA 1161 OF 2022.doc

is preferred only in the month of February 2022 i.e. after the

period of 16 years.

2. Even though there was an order passed by this Court that

the interim application be heard along with writ petition Mr.Patil,

learned counsel appearing for the applicant/landlord on

instructions from his client sought permission of this Court that

the interim application be taken up separately.

3. I have heard learned counsel appearing for the applicant. I

have already held in the judgment of Brijbhushan Shukla vs.

Mahendra Yadav in Civil Revision Application No. 646 of 2012

that such interim application on the belated stage is not

maintainable.

4. In view of the same, interim application is not maintainable

and the same is dismissed. No costs.

5. Since R & P. is received, writ petition will be taken up on

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board for final hearing in the week commencing from 22 April,

2024 at 2.30 p.m.

6. Advocate for the respondent/landlord to file compilation of

the documents, list of synopsis and proposition of law on which

they rely upon within a period of four weeks from today with a

copy to be served upon the advocate appearing for the appellant.

[RAJESH S. PATIL, J.]