Bombay High CourtCRA/58/2016dispossed offdismiss for default

Shri Ramchandra S/O Devidas Taireja And Another v. Kiran Wd/O Chunnilal Talreja And Another

2016-09-27Hon'Ble Shri Justice Z.A. Haq3 pages

1 cra58.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO.58/2016 Shri Ramchandra S/o Devidas Talreja and another ..Vs..

Kiran Wd/o Chunnilal Talreja and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 27.9.2016.

Heard Shri A.S. Kilor, Advocate for the applicants/original defendants.

The defendants had filed an application (Exh. No.56) under Order 7 Rule 11 of the Code of Civil Procedure contending that the prayers made by the plaintiffs in the civil suit cannot be granted and the suit is not maintainable as the dispute between the parties is already resolved by the award passed by Arbitrator on 2nd December, 2009. This application was rejected by the trial Court by order dated 29th March, 2016.

The defendants then filed the present application (Exh. No.68) under Section 151 of the Code of Civil Procedure reiterating the same contentions and praying that the suit be dismissed. The learned trial Judge has rejected the application (Exh. No.68) by the impugned order observing that the application (Exh. No.68) cannot be entertained as the similar application (Exh. No.56) filed by the defendants is rejected earlier.

The order passed by the learned trial Judge is

2 cra58.16 proper and it cannot be said that there is any illegality or error in exercise of jurisdiction. The civil revision application is dismissed. No costs.

JUDGE Tambaskar.

3 cra58.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 27.9.2016.

Personal Assistant.