United Estate Pvt. Ltd. v. United Tower Co-Op Hsg Soc. And ANR

15-ASWP-11294-2023 NO.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11294 OF 2023 United Estate Pvt Ltd

...Petitioner

Versus

United Tower Co-operative Housing Society & Anr

...Respondents

Mr Sanket Mungale, for the Petitioner.

Mr Sarosh Bharucha, with Shruti Bedekar i/b Ajay Basutkar, for Respondent No. 2.

CORAM

Kamal Khata, J.

DATED:

29th April 2024 PC:- 1.

Mr Bharucha for Respondent No 2 consents to setting aside the impugned order dated 21st March 2023 on the basis that the evidence of Respondent No 2 taken in the other suit/s is read in the present suit as if the same were recorded in this suit at the hearing of the suit. Mr Mungale agrees.

2.

Mr Mungale for the Petitioner's also agrees to transfer and /or tagging of the various other suits along with Suit No. 2289 of 2002. Thus, Suit No. 1952 of 2003 and Suit No. 4955 of 2004 be tagged and heard together.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.04.30 09:54:20 +0530 SUMEDH NAMDEO SONAWANE 29th April 2024

15-ASWP-11294-2023 NO.DOC 3.

Mr Mungale submits that there is another Suit No. 2987 of 2002 that was dismissed. The Petitioner has taken out a Motion for restoration. He submits that in the event the Suit is restored then that Suit also will be tagged with other three Suits mentioned above. All the Suits will be then heard finally together. 4.

Petition stands disposed of.

5.

Parties to act on authenticated copy of this order. (Kamal Khata, J) 29th April 2024