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Civil · Reportable judgment

S. M. Pasha & Ors. vs State of Maharashtra & Ors.

Court
Supreme Court of India
Date
17 February 2023
Case No.
SLP(C) No. 4428 of 2016
Result
Disposed
Bench
M.R. Shah, C.T. Ravikumar, Sanjay Karol
Citation
[2023] 2 S.C.R. 383 : 2023 INSC 131
Supreme Court Reports [2023] 2 S.C.R. 383 : 2023 INSC 131
Headnote

Constitution of India: Art. 136 – Special Leave Petition by the tenants in occupation of the premises – Respondent no. 5 filed two IAs for perjury and one IA challenging the termination of the development agreement – During the pendency of the proceedings, the development agreement in favour of respondent No. 5 was terminated by Maharashtra Housing and Area Development Authority – New development agreement in favour of another developer has been entered into as the new developer has been appointed – Petitioner ’s case that in view of the changed circumstances the cause of action did not survive which as such was against respondent No. 5 , and thus, the SLP be permitted to be withdrawn – Held: Copy of the fresh development agreement needs be furnished to the respective tenants by the present management – If any of the tenants is aggrieved by the terms and conditions of the fresh development agreement, it would be open for them to challenge the same before appropriate court/forum – Further, it would also be open for respondent No. 5 to challenge the termination of the development agreement – Taking into consideration the subsequent development and without prejudice to the rights and contentions of the respective parties in the proceedings to be initiated, the petitioners be permitted to withdraw the SLP unconditionally – SLP dismissed as withdrawn.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with impugned judgment(s) and order(s) passed by the High Court of Judicature at Bombay in Writ Petition No. 6142/2014 and Writ Petition No. 5490/2014, the present Special Leave Petitions (SLP) have been preferred by some of the tenants in occupation of the premises in question. 2. Dr. A.M. Singhvi, learned Senior Advocate has appeared on behalf of the petitioners in Special Leave Petition (C) No. 4428/2016 except petitioner No. 4. Shri Rana Mukherjee, learned Senior Advocate has appeared on behalf
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