← Library
Bombay High CourtCAA/38/2016disposed off

Smt. Gurdip Kaur Chadha Wd/O. Kuldip Singh Chadha v. Mrs. Amarpreet Kaur Chadha W/O. Mr. Harvinder Singh Chadha

2016-01-05Hon'Ble Shri Justice R.D. Dhanuka3 pages

vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO.32247 OF 2015 WITH CIVIL APPLICATION (STAMP) NO. 32248 OF 2015 IN APPEAL FROM ORDER (STAMP) NO.32247 OF 2015 Smt.Gurdip Kaur Chadha ...Appellant V/s.

Mrs.Amarpreet Kaur Chadha & Anr.

...Respondents

Mr.Sanjeev Singh for the Appellant.

Ms.Shaila Pandey for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 5TH JANUARY, 2016.

P.C. :- 1.

By consent of the parties, the following order is passed :- a).

Learned counsel for the respondent no.1 states that till disposal of Suit No.2729 of 2015 filed by the appellant (original plaintiff), the respondent no.1 will not create any third party rights in respect of the suit property. The statement is accepted. b).

The respondent no.1 has also agreed to file the written statement in the said Suit No.2729 of 2015 within four weeks from today and shall serve a copy thereof upon the learned advocate for the plaintiff simultaneously.

1/3

c).

The parties are directed to exchange draft issues in Suit No.2729 of 2015 within two weeks from the date of service of the written statement. The learned trial Judge is directed to frame the issues in the said suit within two weeks from the date of exchange of the draft issues by the parties.

d).

Learned counsel for both the parties have agreed that they have no objection if Suit No.2729 of 2015 is heard along with S.C. Suit No. 221 of 2011 filed by the respondent no.1 herein before the Bombay City Civil Court at Dindoshi. The statement is accepted. e).

The learned trial Judge is directed to hear both the suits together. Hearing of Suit No.2729 of 2015 before the learned trial Court is expedited.

f).

Both the parties are directed to co-operate with each other and with the learned trial Judge in expeditious disposal of both the suits.

2.

The appeal from order is accordingly disposed of in aforesaid terms.

3.

In view of the disposal of the appeal from order, the civil application for interim reliefs does not survive and is accordingly disposed of. No order as to costs.

4.

Learned counsel appearing for the respondent no.1 states that the notice of motion filed by his client for stay of the suit will not 2/3

be pressed before the learned trial Judge. The statement is accepted. 5.

The learned trial Judge shall make an endeavor to dispose of both the suits within a period of one year from the date of commencement of oral evidence.

(R.D. DHANUKA, J.) 3/3