Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1999 OF 2011
(Arising out of SLP(C) No.23144/2007)
RAJESH NAUPATLAL SANKLA AND ANR. Appellant(s)
:VERSUS:
RAJA MAHENDRAGIR DHANRAJGIR AND ORS. Respondent(s)
O R D E R
Leave granted.
We have heard the learned counsel for the
parties.
Mr. Sanyal, learned senior counsel appearing
for the appellants prays for some time to file a
petition under Section 226 of the Constitution
before the High Court. Let the petition be filed
within four weeks from today. He also undertakes to
implead the respondents and the Union of India in
the writ petition to be filed before the High Court.
Mr. Jaideep Gupta, learned senior counsel
appearing for the respondents submits that the suit
is pending before the Small Causes Court, Pune.
-2-
We direct the proceedings in the suit to continue,
however, no final order in the suit be passed until
the disposal of the writ petition to be filed by the
appellants before the Bombay High Court.
In the facts and circumstances of the case, we
request the Bombay High Court to dispose of the writ
petition, if filed (by the appellants within four
weeks from today) as expeditiously as possible, in
any event, within a period of one year from the date
of filing of the writ petition.
In case, the writ petition is not filed within
a period of four weeks, this order would be of no
avail to the appellants.
With these observations, this appeal is
disposed of, leaving the parties to bear their own
costs.
.....................J
(DALVEER BHANDARI)
.....................J
(H.L. GOKHALE)
New Delhi;
February 15, 2011.