Quashed

Dagadabai Anna Jagadale v. Prabhakar Manikrao Khadke and Others

Bombay HC27 Jan 2014WP/4010/2013

Case brief

AI extract

What is this about?

The High Court quashed an order directing a stay of Special Civil Suit No. 617/2008 via application under Section 10 CPC. Noting that multiple properties in the suit were not covered by the stay request, the Court set aside the stay, rejected the application, and directed parties to seek joint trial of both suits before the District Judge.

What did the court decide?

Impugned order quashed; application under Section 10 CPC rejected; parties directed to approach District Judge for joint trial.

Dagadabai Anna Jagadale Vs Prabhakar Manikrao Khadke and Others — Partition | Bombay HC (2014)

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W.P.No.4010/13

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 FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 APPELLATE SIDE, BENCH AT AURANGABAD

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WRIT PETITION NO.4010 OF 2013

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Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.

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Court's or Judge's orders

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Mr.H.A.Joshi, advocate for the Petitioner.
Mr.D.M.Shinde, advocate for Respondent Nos.2 to 4.
Mr.Amol Gandhi, advocate holding for Mr.Punit S.Mehta,
advocate for Respondent No.6.
Mr.M.G.Deokate, advocate for Respondent No.5.

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 CORAM : S.V.GANGAPURWALA,J.

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 Date : 27.01.2014.

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PER COURT :

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Heard.

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The application filed to stay Special Civil Suit No.617/2008 is allowed.

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Mr.Joshi, learned counsel submits that RCS No.764/2008 is with regard to land Gat No.59, whereas in Special Civil Suit No. 617/08 various other properties are also involved for which relief of partition is claimed. The Court has not considered the said aspect about the other properties also involved in Special Civil Suit No. 617/20098. According to the learned counsel, provisions of Section 10 of the C.P.C. is not directly apply.

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The learned counsel for respective Respondents support the

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W.P.No.4010/13

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order and submit that the issues in both the suits are substantially same, as such the Court was right in allowing the application U/s 10 of the C.P.C.

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I have gone through the order. In fact, proper course ought to have been to have simultaneous trial of both the suits. The same would avoid conflicting decrees. In Special Civil Suit No.617/2008 there are various other properties involved which are not part of RCS No.764/2008. Both the suits are pending at Aurangabad Court. One suit is before Civil Judge (S.D.), whereas other is before Civil Judge (J.D.). It is expedient that both the suits are tried together. The parties can make appropriate application before the District Judge for the said purpose.

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As some of the properties in Special Civil Suit No.617/2008 are not part of RCS No.764/2008, the impugned order is required to be set aside.

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The impugned order is quashed and set aside. The application filed U/s 10 of the C.P.C. is rejected. The parties shall apply to the District Judge for trial of both the suits together i.e. RCS No.764/08 also to be tried with Special Civil Suit No.617/08. The District Judge shall pass necessary orders thereon.

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For a period of one (1) month from today, the Court shall not proceed further with the said suits, so as to enable the parties to

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W.P.No.4010/13

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approach the District Judge and obtain necessary orders.

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(S.V.GANGAPURWALA,J.)

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Dt.27.01.2014. asp/office/wp4010.13

Dagadabai Anna Jagadale v. Prabhakar Manikrao Khadke and Others

Case brief

What is this about?

What did the court decide?

Dagadabai Anna Jagadale v. Prabhakar Manikrao Khadke and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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