Disposed
Perviz D.Adagara and Ors. v. N.M.Wadia Charities and Ors.
Bombay HCWP/1646/2006
Case brief
from the order text
What is this about?
HIGH COURT OF JUDICATURE AT BOMBAY CIVIL…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NO.1646 OF 2006
Mrs. Perviz D. Adagara & ors. .. ..Petitioners
Versus
N.M.Wadia & ors. .. ..Respondents
Mr.Rajevkumar with Ms Sheetal Kumar i/b M/s. M.M.Patel &
Co.for petitioners
Mr.A.K.Abhyankar for respondent
CORAM : P.V.KAKADE, J.
DATE : 17TH APRIL,2006
P.C.:
1. Heard the learned counsel for both the parties.
2. Without going into the merits of the petition, it
is agreed between the parties that the suit involved in
this petition i.e. T.E.& R. Suit No.78 of 2002 and
sister suit bearing RAE Suit No.531 of 2000, which is also
pending adjudication before the same court should be
directed to be adjudicated simultaneously (not by a common
evidence and judgment). Taking into account the facts and
circumstances involved in both the suits, I am of the view
that the interest of justice would be served if specific
direction is issued to the trial court to proceed with the
matter simultaneously so as to adjudicate and dispose off
both the matters separately but simultaneously so as to
deliver the judgments on one and the same day after rasing
specific issues separately in the said suits.
3. Hence, the trial court is directed to adjudicate
the suit R.A.E. Suit No.531 of 2000 and T.E. & R. Suit
No.78 of 2002 by recording separate evidence but shall
dispose those of simultaneously, as the parties and
properties involved in both the proceedings appear to be
the same and it would be convenient for both the parties
and their legal counsel to proceed with the matter, if
simultaneous hearing is held. It is further directed that
both the suits shall be adjudicated after hearing both the
parties, according to law, so as to dispose those of
within one calender year from the date of this order.
With this direction the petition stands disposed of with
no order as to costs.
Mrs. Perviz D. Adagara & ors.
N.M.Wadia & ors.
P.V.KAKADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court