(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. This letters patent appeal is directed against the order of the learned Single Judge, dated 31st May, 2012, passed in Special Civil Application No.7378 of 2012, by which the learned Single Judge, while making the Rule returnable on 26th June, 2012, vacated the interim order i.e. the Status Quo, which was prevailing on the said date. However, the learned Single Judge, upon the request of the learned Advocate for the petitioner, extended Status Quo upto 13th June, 2012, which has given the rise to the present Letters Patent Appeal, at the instance of the original petitioner.
2. Mr. Mihir Joshi, learned Sr. Counsel, for the appellant has submitted that the learned Single Judge has not given any reasons as to why the Status Quo, which was prevailing as on the said date, was required to be vacated. He, further, submitted that since the matter was fixed for final hearing on 26th June, 2012, no such order could have been passed.
3. We, on 12.06.2012, we passed the following order:
" Notice returnable on 20th June, 2012. The status-quo order which is granted earlier by the learned Single Judge to continue in the meanwhile.
It is clarified that pendency of this Letter Patent Appeal may not be taken as a ground by either side for not proceeding with the Special Civil Application pending before the learned Single Judge and it is for the learned Single Judge to proceed with the said Special Civil Application without even awaiting the decision in Letters Patent Appeal."
4. On behalf of the appellant, an application being Civil Application No.6834 of 2012 is filed on the ground that the order of Status Quo is breached by the concerned Respondent-Department, and therefore, action be taken under Order-39, Rule-2A of the Code of Civil Procedure for breach of interim injunction.
5. Learned AGP, Ms. Krina Calla, appearing for the respondent No.1-State, pointed out that, as per her instructions, there is no breach of Status Quo order and she shall file a detailed reply pointing out the same, so far as the aforesaid civil application is concerned.
6. Mr. Joshi, however, states that there are evidence in the form of photographs showing that the injunction is breached.
7. So far as aforesaid aspect is concerned, since, learned AGP has requested for time to file reply therein, we adjourned the same to 26TH JULY, 2012. The reply, if any, be filed latest by 22ND JULY, 2012 and a copy thereof be given to the learned Counsel for the applicant in the said civil application.
8. Insofar as the Letters Patent Appeal is concerned, another application being Civil Application No.6914 of 2012 is filed for joining as party, wherein learned Sr. Counsel, Mr. N.D. Nanavati, appears for the applicant. Mr. N.D. Nanavati states that the applicant, therein, is likely to be affected by the outcome of the present proceedings, and therefore, he is very much interested therein.
9. We have heard learned Counsel for the parties. So far as Letters Patent Appeal is concerned, since there is a consensus prevailing between the learned advocates appearing for the parties, it is agreed that the Status Quo order granted by the learned Single Judge, which is continued up to this date, be ordered to be extended till the Special Civil Application is decided by the learned Single Judge. The learned Single Judge may, peremptorily, decide the petition by the returnable date i.e. 26TH JUNE, 2012. In case, if, the petition is not disposed of on the said date, it shall be open to the either side to apply for appropriate modification in the order of the Status Quo.
10. It is clarified that we have not examined the rival contentions of the parties on merits, in view of the consensus prevailing between the learned Counsel for the parties. The order of Status Quo is directed to be continued till the disposal of the Special Civil Application.
11. Mr. Joshi states that they shall have no objection, if, the applicant in Civil Application No.6914 of 2012 is joined as a party respondent. Hence, Civil Application No.6914 of 2012 shall not survive.
12. In the result, Letters Patent Appeal No.825 of 2012, Civil Application No.6458 of 2012 as well as Civil Application No.6914 of 2012 are DISPOSED OF in the above terms.
13. Insofar as Civil Application No.6834 of 2012, under Order-39, Rule-2A of the Code of Civil Procedure is concerned, the same is adjourned to 26TH JULY, 2012.
14. It is submitted by the learned AGP, Ms. Calla, that the Status Quo granted by the learned Single Judge operates qua NALIYA GODI area only. Mr. Joshi, however, disputes the same. We keep the aforesaid question open to be decided at the time of hearing of Civil Application No.6834 of 2012.
15. Ms. Calla, learned AGP, at this stage, requests that the Status Quo granted by the learned Single Judge be granted, in the terms, as it is understood by the government, till the next date of hearing. She, further, states that the Department has no objection, if, the Status Quo granted by the learned Single Judge is continued in the same form as it was granted earlier. However, it for the concerned learned Single Judge to consider as to whether the Status Quo is in connection with some portion of the Naliya Godi area or for the entire area. Said question is kept open for the consideration of the learned Single Judge.
16. The liberty is granted to all the parties to apply in case of difficulty.
(P.B.
MAJMUDAR, J.) (MOHINDER PAL, J.) Umesh/ Top