Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 7313-7314 OF 2016
[@ SPECIAL LEAVE PETITION(C) NO. 3250-3251 OF 2016]
GIRISH S/O DHARMAVIR MADAN THROUGH ITS GPA Appellant(s)
VERSUS
NANDKUMAR S/O SHANKARRAO RASNE AND ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The only submission of the appellant is that
unless his 3/7th share of the property is identified
as per the preliminary decree dated 06.12.2004, the
eviction proceedings at the instance of the first
respondent may not be proceeded with.
3. Therefore, these appeals are disposed of with a
JUDGMENT
direction to the trial court to take steps to appoint
the Court Commissioner in the final decree
proceedings so as to identify the respective shares.
The process of identification of the respective
shares shall be completed within a period of two
months from the date of production of a copy of this
Judgment by either party before the trial court.
Till such time, the eviction proceedings as against
the appellant shall be kept in abeyance.
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4. However, by way of abundant caution, it is made
clear that the special leave petition filed against
the Judgment in Second Appeal No. 611 of 2010 shall
have no bearing on the eviction proceedings.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
August 05, 2016.
JUDGMENT
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