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Bombay High CourtCRA/424/2017

Tara Giridhar Lulla And ANR v. Nisha Rajesh Gorwani

2018-08-27Hon'Ble Shri Justice R.D. Dhanuka2 pages

31-cra424-17.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.424 OF 2017 Anushka V. Nagpal & Anr.

...Applicants V/s.

Nisha R. Gorwani

...Respondent

Mr.Ajit Manwani I/b A. & A. Legal for the Applicants. Ms.Sunita Poddar for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 27TH AUGUST, 2018 P.C. :- 1.

Learned trial Judge has passed an impugned on 26th November, 2016 considering the objection raised by the applicants (original defendants) under section 9-A of the Code of Civil Procedure, 1908. It is held by the learned trial Judge that the objection regarding section9-A of the Code of Civil Procedure would be decided under Order 14 Rule 2(2) of the Code of Civil Procedure. 2.

In view of deletion of section 9-A of the Code of Civil Procedure, in my view this civil revision application stands abated. 3.

The issues are already framed by the learned trial Judge in Suit No.2512 of 2014. I am thus not inclined to interfere with the impugned order passed by the learned trial Judge. 1/2

31-cra424-17.doc 4.

The civil revision application is dismissed as abated. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2