LAWS(BOM)-2020-6-65

HENRY ROCQUE Vs. VINCENT ROCQUE

Decided On June 09, 2020
Henry Rocque Appellant
V/S
Vincent Rocque Respondents

JUDGEMENT

(1.) Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2.) Heard learned counsel for the petitioner (original defendant). The petitioner has challenged order passed by the Court below at Exh.9, whereby direction has been given to the petitioner to handover possession of three rooms on the western side of the ground floor property to the respondent (original plaintiff). The parties to this writ petition and suit filed before the Court below are brothers. The learned counsel appearing for the petitioner submits that a proposal for settling the dispute between the parties has been mooted on behalf of the petitioner for a final settlement between the parties. It is submitted that the nature of relief granted by the impugned order would virtually amount to grant of final relief at an interim stage.

(3.) It is further submitted that the respondent is insisting upon possession of the three rooms on the basis of the impugned order and this would amount to dispossessing the petitioner from the said rooms.