2024 INSC 1000
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (@ SPECIAL LEAVE PETITION (C) NO. 16460 OF 2023)
NAEEM BANO ALIAS GAINDO ...APPELLANT(S)
VERSUS
MOHAMMAD RAHEES & ANR. ….RESPONDENT(S)
O R D E R
Leave granted.
2. Being aggrieved by the Order dated 18.11.2022 passed in
Matters under Article 227 No.8207 of 2017, the
appellant/landlord is before this Court. By the impugned
order, the High Court stated that since there is a matter
under Article 227 No.5718 of 2019, which has to be answered by
a larger Bench of the High Court by way of a reference and
which has a bearing on the case, the interim order is
continued until further orders. A direction was issued that
the matter may be considered after the answer is given by the
larger Bench, referred to above. Being aggrieved by the said
order, the appellant, who is the landlord, has preferred this
appeal.
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3. We have heard learned counsel for the respective parties
and perused the material on record.
4. Learned counsel for the appellant submitted that it is
not known as to when the larger Bench would answer the
questions referred to it on a reference. However, having
regard to Article 254 of the Constitution of India,
particularly the proviso to Sub-clause 2 of Article 254, the
amendment made by the Parliament by Section 2 of Act 3 of