GIRISH S/O DHARMAVIR MADAN THROUGH ITS GPA Vs. NANDKUMAR S/O SHANKARRAO RASNE AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 7313-7314 of 2016, Judgment Date: Aug 05, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOs. 7313-7314 OF 2016
             [@ SPECIAL LEAVE PETITION(C) NO. 3250-3251 OF 2016]


      GIRISH S/O DHARMAVIR MADAN THROUGH ITS GPA           Appellant(s)

                                VERSUS

      NANDKUMAR S/O SHANKARRAO RASNE AND ORS.             Respondent(s)

                               J U D G M E N T
KURIAN, J.
1.    Leave granted.

2.    The only submission of the appellant is that unless  his  3/7th  share
of  the  property  is  identified  as  per  the  preliminary  decree   dated
06.12.2004,  the  eviction  proceedings  at  the  instance  of   the   first
respondent may not be proceeded with.

3.    Therefore, these appeals are disposed  of  with  a  direction  to  the
trial court to take steps to appoint the Court  Commissioner  in  the  final
decree proceedings so as to identify the respective shares.  The process  of
identification of the respective shares shall be completed within  a  period
of two months from the date of production of a  copy  of  this  Judgment  by
either  party  before  the  trial  court.   Till  such  time,  the  eviction
proceedings as against the appellant shall be kept in abeyance.

4.    However, by way of  abundant  caution,  it  is  made  clear  that  the
special leave petition filed against the Judgment in Second Appeal  No.  611
of 2010 shall have no bearing on the eviction proceedings.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                               [ ROHINTON FALI NARIMAN ]

      New Delhi;
      August 05, 2016.