Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 2348 of 2008 IN WRIT PETITION NO. 126 of 2001 S.Krishnamurty ...Applicant V/s. Paresh Narmada S. Bhardwaj (Deceased) by LRS - Krishnesh P.N. Bajpai & ors. ...Respondents Mr. R.M. Haridas for the applicant. Mr. M.D.Angal for respondents 1 & 2. S.D.Rayrikar, AGP for respondent no.5. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 5TH JANUARY, 2009 : 5TH JANUARY, 2009 : 5TH JANUARY, 2009 P.C. . Heard Counsel for the parties. Perused the application as well as orders passed by this Court from time to time dated 16-1-2001, 29-1-2002, 6-8-2003 and 22-12-2005. Inspite of repeated orders passed, the Respondents have failed and neglected to pay the arrears of compensation. It appears that original licensee has also expired. In the circumstances, relief in terms of prayer clause 7(a) will have to be granted forthwith. Counsel appearing for the Respondents in all fairness submits that he cannot oppose granting of relief in terms of prayer clause 7(a). However, according to him, the question as to who is liable to pay compensation of Rs. 1,86,000/- be kept open to be decided at the final hearing of the Writ Petition as it involves contentious 2 issues. Counsel appearing for the petitioner-applicant has no objection in this behalf. 2. Accordingly, application is made absolute in terms of prayer clause 7(a). The Court Receiver to take over possession of the suit flat forthwith, if necessary by taking assistance of police force and in turn hand over the same to the petitioner-applicant in any case not later than four weeks from today. 3. In so far as prayer clause (b) is concerned, that relief is left open to be considered at the hearing of the writ petition. Application disposed of on the above terms. 4. Counsel for the Respondent submits that as short question is involved, hearing of this petition be expedited. It is not possible to accept this request for the present. The parties will be free to make request of expeditious hearing of Writ Petition after some time which will be considered on its own merits. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]