John I. Thekekkara v. Jal Padma Co-Operative Housing Society Limited

PR 5 ao 1065-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

APPEAL FROM ORDER NO. 1065 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ashutosh Tripathi i/b legal Point for the appellant.

Mr. Madhav Kanojia i/b Vijay Kanojia for the respondent.

CORAM : K. K. TATED, J.

DATED : 30/06/2015.

P.C.:

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Not on board. At the request of Advocate for the appellant, matter is taken on board for urgent orders.

Heard the learned counsel for the parties.

This Appeal from Order is preferred by plaintiff challenging the order dated 11.02.2014 passed by Bombay City Civil Court, Mumbai below Exh.4 in suit no. 7804 of 1985.

Plaintiff preferred application below Exh. 4 to review the order dated 22.11.2004 passed by this Court in suit no. 3192 of 1985 directing Court to decide Suit no. 2779 of 1984 with Suit no. 3192 of Sneha Chavan 1/2

PR 5 ao 1065-14=.doc 1985.

The Trial Court held that plaintiff filed the application for review of order dated 22.11.2004 after more than 10 years. There is limitation to review the order within 30 days from the date of passing the order. Trial Court also observed that applicant has not placed on record copy of order dated 22.11.2004.

The learned counsel for the respondent submits that trial of the both the suits is started. Considering this fact, I do find any reason to entertain the present Appeal from Order, at this stage.

Hence, Appeal from Order stands rejected.

(K.K.TATED, J.) Sneha Chavan 2/2