The High Court of Bombay allowed an appeal framed for appellate procedure, directing the Single Judge to reconvene and try preliminary issues of limitation and res judicata. All merits were kept open, and other pending motions were disposed of.
implicated order set aside for retrial of limitation and res judicata issues; pending motions disposed of.
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1 of 2 APP.250.2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.250 OF 2015 IN SUIT NO.2063 OF 2001
WITH NOTICE OF MOTION NO.516 OF 2015 AND NOTICE OF MOTION NO.1104 OF 2015 IN
APPEAL NO.250 OF 2015
Neeru Batra Appellant versus Jaswinder Paul Batra and others Respondents
Mr.Vibhav Krishna i/by Sharath Pai for Appellant. Mr.Kamal Khata with Mr.Akshay Vani for Respondents 1 to 3. Mr.Rushabh Sheth i/by M.S.Bodhanwala & Co. for Respondent no.1.
CORAM : A.S.OKA AND P.D.NAIK, JJ.
PC :
2 of 2 APP.250.2015
judicata are ordered to be tried afresh, along with other issues which are framed on 22nd September 2015 by the learned Single Judge. Learned counsel for the Appellant as well as learned counsel for the Fifth Respondent have no objection to adopt the said course.
(a) We request the learned Single Judge to decide preliminary issues framed under order dated 30th November 2011 along with other issues which are framed on 22nd September 2015. All contentions on merits are kept open;
(b) Needless to state that the parties are entitled to lead evidence on all issues including aforesaid two issues framed on 30th November 2011. All contentions on merits are kept open.
(d) Pending Notice of Motion Nos.516 of 2015 and 1104 of 2015 do not survive and stand disposed of as such.
(P.D.NAIK, J.)
MST
1 issue framed by the court
Whether issues of limitation and res judicata should be tried afresh after setting aside the impugned order.
Neeru Batra
Jaswinder Paul Batra
Unknown
Unknown
Unknown
A.S. Oka
P.D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
