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M/S. SUNIL CONSTRUCTIONS v. RUPEN PATEL

Supreme Court of India | Diary 10171/2023

Status

ROP - of Main Case

Decided On

27-03-2023

Bench

HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

M/S. SUNIL CONSTRUCTIONS

Respondent

RUPEN PATEL

Primary Holding

A statement made by counsel on instructions before the Supreme Court, recorded in an order, is binding on the party and operates as an undertaking effective notwithstanding any contrary order of the High Court, without prejudice to the party's rights and contentions.

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Full Judgment Text

CORRECTED IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. OF 2023 (arising out of SLP(C) Nos. 5286-5287 of 2023) M/S. SUNIL CONSTRUCTIONS APPELLANT(s) VERSUS RUPEN PATEL & ORS. ETC. RESPONDENT(s) O R D E R Leave granted. During the course of hearing, learned Senior Advocates appearing for respondent nos. 1, 2 and 5, on instructions, state that the said respondents will maintain status quo in respect of the land, that is the petition schedule property. The statement made would be binding and have effect notwithstanding the order passed by the High Court. The same would be effective till the award is passed. We clarify that the observations made in the impugned judgment will not be treated as findings on the merits of the case. Further, the statement made is without prejudice to the rights and contentions of the respondent Nos.1, 2 and 5. Recording the aforesaid, the present civil appeals are disposed of. Pending application(s), if any, shall stand disposed of. ..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI; MARCH 27, 2023.

REVISED ITEM NO.15 COURT NO.7 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) Nos. 5286-5287/2023 (Arising out of impugned final judgment and order dated 10-02-2023 in COMCA No. 25/2019 and CMA No. 1303/2017 passed by the High Court for the State of Telangana at Hyderabad) M/S. SUNIL CONSTRUCTIONS Petitioner(s) VERSUS RUPEN PATEL & ORS. ETC. Respondent(s) (FOR ADMISSION and I.R. and IA No.55713/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55714/2023-PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 27-03-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. M.V. Pratap Kumar, Adv. Mr. Krishna Dev Jagarlamudi, AOR Mr. Aaditya Mishra, Adv. Mr. N. Sai Kaushal, Adv. Ms. Inderdeep Kaur Raina, Adv. For Respondent(s) Mr. S. Niranjan Reddy, Sr. Adv. Mr. Nikhil Goel, AOR Ms. Naveen Goel, Adv. Mr. Adhitya Koshy Roy, Adv. Ms. Meenakshi Arora, Sr. Adv. Mr. V. Srinivas, Adv. Mr. P. Mohith Rao, Adv. Ms. Sweena Madhavan Nair, AOR UPON hearing the counsel, the Court made the following O R D E R Leave granted. The civil appeals are disposed of, in terms of the signed order. Pending application(s), if any, shall stand disposed of. (DEEPAK GUGLANI) AR-CUM-PS (R.S. NARAYANAN) COURT MASTER (NSH) (corrected signed order is placed on the file)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. OF 2023 (arising out of SLP(C) Nos. 5286-5287 of 2023) M/S. SUNIL CONSTRUCTIONS APPELLANT(s) VERSUS RUPEN PATEL & ORS. ETC. RESPONDENT(s) O R D E R Leave granted. During the course of hearing, learned Senior Advocates appearing for respondent nos. 1, 2 and 5, on instructions, state that the said respondents will maintain status quo in respect of the land, that is the petition schedule property. The statement made would be binding and have effect notwithstanding the order passed by the High Court. We clarify that the observations made in the impugned judgment will not be treated as findings on the merits of the case. Further, the statement made is without prejudice to the rights and contentions of the respondent Nos.1, 2 and 5. Recording the aforesaid, the present civil appeals are disposed of. Pending application(s), if any, shall stand disposed of. ..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI; MARCH 27, 2023.

ITEM NO.15 COURT NO.7 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) Nos. 5286-5287/2023 (Arising out of impugned final judgment and order dated 10-02-2023 in COMCA No. 25/2019 and CMA No. 1303/2017 passed by the High Court for the State of Telangana at Hyderabad) M/S. SUNIL CONSTRUCTIONS Petitioner(s) VERSUS RUPEN PATEL & ORS. ETC. Respondent(s) (FOR ADMISSION and I.R. and IA No.55713/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55714/2023-PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 27-03-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. M.V. Pratap Kumar, Adv. Mr. Krishna Dev Jagarlamudi, AOR Mr. Aaditya Mishra, Adv. Mr. N. Sai Kaushal, Adv. Ms. Inderdeep Kaur Raina, Adv. For Respondent(s) Mr. Nikhil Goel, AOR Ms. Naveen Goel, Adv. Mr. Adhitya Koshy Roy, Adv. Ms. Meenakshi Arora, Sr. Adv. Mr. V. Srinivas, Adv. Mr. P. Mohith Rao, Adv. Ms. Sweena Madhavan Nair, AOR UPON hearing the counsel, the Court made the following O R D E R Leave granted. The civil appeals are disposed of, in terms of the signed order. Pending application(s), if any, shall stand disposed of. (DEEPAK GUGLANI) AR-CUM-PS (R.S. NARAYANAN) COURT MASTER (NSH) (signed order is placed on the file)

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