The Bandra Holy Family Hospital Society v. Anthony @ Brian Francis Dsouza And Others

57-AO692-2022.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 692 OF 2022 The Bandra Holy Family Hospital Society ...Appellant

Versus

Anthony @ Brian Francis D'souza and ors.

...Respondents

Mr. S. C. Naidu, a/w Manoj Gujar, T. R. Yadav, Sudesh Naidu and Pradeep Kumar Paswan, i/b C. R. Naidu & Co., for the Appellant.

Mr. Jagdish Jayale, for Respondent No.1.

Ms. Smita Tondwalkar, For the Respondent/MCGM.

CORAM:

N. J. JAMADAR, J.

DATED :

28th JUNE, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

This appeal is directed against an order passed by the learned Judge, City Civil Court, on 23rd May, 2022 in Notice of Motion No.1376 of 2022 in LC Suit No.526 of 2022, whereby the Notice of Motion taken out by respondent No.1 - plaintiff came to be partly allowed thereby restraining defendant Nos.1 to 3 - respondent Nos.2, 3 and 4 from acting upon the impugned notice dated 13th December, 2021 and the speaking order dated 31st January, 2022.

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57-AO692-2022.DOC 3.

Having regard to the nature of the impugned order and the history of litigation between the parties, it may be expedient to decide the suit itself as expeditiously as possible. 4.

The learned Counsel for the parties informed the Court that the written statements are yet to be filed by the defendants. 5.

Let the defendants file the written statements within a period of 30 days from today.

6.

The learned Judge, City Civil Court, is requested to hear and decide the suit as expeditiously as possible, and preferably within the period of one year from the date of the settlement of issues.

7.

It is clarified that this Court has not entered into the merits of the matter and all contentions of all the parties are kept open for consideration.

8.

The appeal stands disposed.

[N. J. JAMADAR, J.] 2/2