Stephen @ Steven Gerard Fernandez v. R. R. Tiwari And ORS

kvm 1/1 22-AO27.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 27 OF 2014 ALONGWITH CIVIL APPLICATION NO. 35 OF 2014 IN APPEAL FROM ORDER NO. 27 OF 2014 Stephen @ Steven Gerard Fernandez ..... Appellant

VERSUS

R.R.Tiwari & Ors.

..... Respondents Mr.Anil Mishra for the Appellant.

Mr.Santosh Suryavanshi for the Respondents.

CORAM :

R.D. DHANUKA, J.

DATED :

22nd FEBRUARY, 2016 P.C.

By this appeal from order, the appellant has impugned the order dated 26th November, 2013 dismissing the notice of motion. There is no ad-interim order granted by this court. The learned counsel appearing for the respondents submits that the suit is already on board for framing issues before the learned trial judge. 2.

Considering the facts of this case, hearing of the suit is expedited. It is made clear that the learned trial judge shall decide the matter without being influenced by the observations made by the learned trial judge in the impugned order. The learned trial judge shall make an endeavor to dispose of the suit within two years from the date of the commencement of the oral evidence. 3.

Appeal from order is disposed of in the aforesaid terms. No order as to costs. In view of disposal of the appeal from order, civil application does not survive and is accordingly disposed of.

[R.D. DHANUKA, J.]