-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.1019 of 2008 Smt.Sneha @ Savit Sanjay Sankpal ..Petitioner vs. 1. Mrs.Anita Bhaskar Lad and others ..Respondents Shri S.B.Deshmukh for petitioner. Smt.Teja Katdare i/b Ms.Alpa Javeri for respondetn no.1. Smt.P.S.Cardozo A.G.P. for respondent nos.5 to 7 CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 28th March, 2008 8th March, 2008 8th March, 2008 P.C. P.C. P.C. 1. The petitioners are original plaintiffs in Reg.Civil Suit No.133 of 2006. 2. They are aggrieved by an order passed by the lower Appellate Court on 11th December, 2007 in Civil Misc. Appeal No. 67 of 2006. 3. This order quashes and sets aside an interim order in the civil suit dated 13th October, 2006 under which the original appellants/defendant nos. 1 to 3 to the suit were restrained by way of temporary injunction from releasing any amount of any compensation or relief fund to any party till the suit is heard and disposed of. -2- 4. The respondents to the writ petition other than the State authorities are also the defendants to this suit, to be precise respondent nos. 1 to 4 to this petition. They are aggrieved by the order of the Trial Court in as much as it was their case that the suit for declaration and permanent injunction itself is not maintainable. There was an unfortunate incident of 25th July, 2005, namely, landslide in which about 20 persons of Sankpal family expired. The original plaintiff is the daughter in law of the deceased Govind Sankpal. Deceased Govind is having two brothers i.e. Rajaram and Rambhau. Both of them left behind their married daughters, namely, Vidya alias Sharmila Vishwanath Borkar and Shantabai Ramesh Jadhav. The original plaintiff claimed that she alone is entitled to the amount which the Government is going to disburse to the persons who are affected by natural calamity. The dispute is that other defendants to the suit claimed to be belonging to Sankpal family and urged that they are also entitled to the compensation as they are also affected by calamity so also the death of family members. -3- 5. The Tahsildar who is supposed to decide this having been restrained in this manner by the Trial Court, the matter was carried by these persons to the lower Appellate Court and the lower Appellate Court has reversed the order of the Trial Court. Aggrieved thereby the original plaintiff is before this Court under Article 227 of the Constitution of India. 6. After this matter was heard for some time it was impressed upon the parties that such a restraint would serve nobody’s purpose. Ultimately the Government’s funds which are earmarked for disbursement to victims of calamity and distress are lying with the Government and dispute is also pending in the civil court. The Government would in all probability take a stand that until this is resolved they will not proceed to disburse the sum. Fortunately, government authorities in this case are sensitive and they are desirous of assisting those in distress. 7. In such circumstances, I suggested to both sides that without prejudice to their respective rights and contentions in the suit and purely as an interim measure, Tahsildar should be -4- permitted to consider the rival claims and act in accordance with the prevailing policy. Whatever actions are taken by Tahsildar and other authorities must abide by the outcome of the suit as all of them are parties thereto. Equally, the present petitioner is the original plaintiff whereas respondent nos. 1 to 4 are the original defendants to the said suit. In such circumstances and when the parties are before the civil Court there is no apprehension that the Civil Court will not protect their rights while delivering the final judgment. Equally, the civil Court has enough powers to ensure that the orders and directions issued by it are abided by the authorities so also the parties to the suit. In such circumstances, and considering the pleadings, it would be desirable and in the interest of justice to maintain the order of the lower Appellate Court but with additional condition that the Competent Authority while considering the claims must pass an order in the light of the prevailing policy and the orders passed by the Competent Authority would be subject to the outcome of the suit. Equally, even if any amounts are paid to respondent nos.1 to 4 to the present petition, they will be subject to final out come of the -5- suit and must abide by the orders and directions therein. Equally, the disbursement at the present stage would be without prejudice to the rights and contentions of all parties to the suit. All contentions on maintainability, jurisdiction and merits of the claim are kept open. Merely because while narrating the facts, I have mentioned the names of Vidya and Shantabai that does not preclude the Competent Authority from considering the claims of Mrs.Anita Bhaskar Lad and Mrs.Bharati Sanjay Gole and all those family members who are affected by the calamity. Miss.Cardozo appearing for the Competent Authority and Collector, Raigad assures the Court that the Tahsildar will pass necessary orders within a period of two weeks from the date of receipt of copy of this order. Tahsildar to consider the claims and disburse the amount within a period of two weeks. Civil Court to endeavour and dispose of the suit expeditiously. 8. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)