Abdul Jaleel Mohd.Suleman Momin And ORS. v. Suresh Dayalji Thakkar And ANR.

skc 907-WP-9241-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9241 OF 2003 Abdul Jaleel Mohd. Suleman Momin & Ors.

..Petitioners vs.

Suresh Dayalji Thakkar & Anr.

..Respondents None for Petitioners.

Mr. Piyush Shah for Respondents.

CORAM : M. S. SONAK, J.

DATE: 24 APRIL 2015 P.C. :- 1] The learned counsel appearing for the respondents, who are the plaintiffs in Regular Civil Suit No. 51 of 1999 submits that the suit itself has become infructuous. The respondents have instituted a fresh suit based upon fresh cause of action which is Regular Civil Suit No. 331 of 2015.

2] Since the Regular Civil Suit No. 51 of 1999 has itself become infructuous, the same is disposed of.

3] Based upon, an authenticated copy of this order, the learned Civil Judge to make a formal order in Regular Civil Suit No. 51 of 1999 disposing of the same.

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skc 907-WP-9241-13 4] Since the Regular Civil Suit No. 51 of 1999 has been rendered infructuous and only awaits formal disposal, this petition, which arises out of order made in the said suit declining to stay the said suit under Section 10 of the CPC, is also rendered infructuous. 5] In view of the aforesaid, this petition is disposed of as having become infructuous.

6] The respondents to place authenticated copy of this order before the learned Civil Judge in Regular Civil Suit No. 51 of 1999 on or before 30 June, 2015.

6] All parties to act on basis of an authenticated copy of this order.

(M. S. SONAK, J.) Chandka 2/2