The High Court of Bombay, by consent, set aside the Single Judge's judgment and ordered remand of the suit to the City Civil Court without recording any reasons on merits.
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.
1 of 2 APP.729.2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.729 OF 2012 IN SUIT NO.4686 OF 1994 WITH
NOTICE OF MOTION NO.264 OF 2013
Vrajesh Kantilal Patel Appellant versus Kantilal Vasanji Chheda Respondent
Mr.Aspi Chinoy, Sr.Counsel i/byChirag Sancheti for Appellant. Mr.Shailesh Shah i/by Motiwalla & Co. for Respondent no.1.
CORAM : DR.D.Y.CHANDRACHUD AND S.C.GUPTE, JJ. DATE : 1 July 2013
PC :
(i) The impugned judgment and order of the learned Single Judge dated 19 October 2012 is set aside without the Court expressing any view on the merits of the rival contentions;
2 of 2 APP.729.2012
(ii) Suit No.4686 of 1994 shall stand transferred to the City Civil Court and the Prothonotary and Senior Master shall take necessary steps to that effect;
(iii) Upon remand, the City Civil Court shall proceed to adjudicate upon the issues raised in the suit since the parties do not intend to lead any further evidence;
(iv) Since the Respondent is a senior citizen, the learned Trial Judge may consider expediting the hearing of the suit preferably within six months from the receipt of an authenticated copy of this order.
(DR.D.Y.CHANDRACHUD, J.)
(S.C.GUPTE, J.)
MST
Vrajesh Kantilal Patel
Kantilal Vasanji Chheda
D.Y. Chandrachud
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
