Estate & Constrn.Ld.& ANR. Vs. People's Movement for Civic Action
&Ors.  INSC 239 (31 March 2010)
SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL)
NO.758 OF 2008 Goan Real Estate &
Ltd. & Anr. ... Petitioner Versus People's Movement for Civic Action &
Ors. ... Respondents
By filing this petition under Section 25 of the Code of Civil
Procedure, 1908, the petitioners who are original respondent Nos.6 and 7 before
the High Court in PIL Writ Petition No.403 of 2007 have prayed to transfer the
proceedings of PIL Writ Petition No.403 of 2007 titled as 2 Management
Authority & Ors. pending before the High Court of Judicature at Bombay,
Bench at Goa, Panaji to this Court and be heard along with Special Leave
Petition (Civil) No.16728 of 2008. This Court has heard the learned counsel for
the parties. It may be mentioned that the petitioner had filed Writ Petition
(Civil) No.329 of 2008 which has been disposed of by a separate judgment. On
leave being granted in Special Leave Petition (Civil) No.16778 of 2008, Civil
Appeal No.5281 of 2008 was registered. The said appeal was disposed of by
judgment dated August 28, 2008 while disposing of the appeal, the petitioners
were permitted to complete the incomplete construction work done by them at
their own risk and cost. PIL Writ Petition No.403 of 2007 is pending before the
High Court of Judicature at Bombay, Bench at Goa, Panaji since long.
No case is made out by the petitioners to withdraw to transfer the
said writ petition to this Court and decide the same along with Special Leave
Petition No.16728 of 2008.
3 Therefore, the instant application is liable to be rejected. For
the foregoing reasons the application fails and rejected. There shall be no
order as to costs.
..............................J. [J.M. Panchal]
March 31, 2010.