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Kanta Tejus Manu v. Tejas Kanubhai Maun

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1402 of 2016)Decided 15 Feb 2016
Civil Appeal No. 1402 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellant challenged an interim order passed by the Bombay High Court in a pending Family Court Appeal (No. 95 of 2009), which concerned a disputed flat between the parties. Rather than going into the facts of the interim dispute, the Supreme Court decided to focus on getting the underlying Family Court Appeal resolved quickly by the High Court itself.

Decision Breakdown

The Supreme Court granted leave and disposed of this civil appeal by requesting the Bombay High Court to decide the pending Family Court Appeal expeditiously, preferably within six months of a copy of the order being produced before it. Pending that decision, the Court directed the parties to maintain status quo regarding possession and other rights over the disputed flat, and barred either party from creating any third-party rights or access over the property in the meantime. The appeal itself was thus finally disposed of through these directions, with no order as to costs.

Lesson Learnt

When a Supreme Court appeal arises only from an interim order in a pending High Court matter, the Court will often decline to go into the underlying facts and instead secure the status quo while directing the High Court to decide the main case speedily: litigants should not expect the Supreme Court to decide the substantive family dispute itself in such appeals.

Official source (sci.gov.in)View Judgment (PDF)

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