15 February 2011
Supreme Court
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RAJESH NAUPATLAL SANKLA Vs RAJA MAHENDRAGIR DHANRAJGIR .

Bench: DALVEER BHANDARI,H.L. GOKHALE, , ,
Case number: C.A. No.-001999-001999 / 2011
Diary number: 32554 / 2007
Advocates: Vs ARVIND MINOCHA


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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.  

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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.