Petitioner sought a direction to the Bombay City Civil Court to prioritize a filed Notice of Motion over pending Chamber Summons. The High Court held that jurisdiction cannot be determined at that stage and that the lower court has discretion to deal with proceedings at an appropriate time. Petition disposed of.
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.
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1 63 WP 399-19 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 399 OF 2019
Ramesh Chunilal Kisani Vs
Sangeeta Surendra Udeshi and others
.. Petitioner
.. Respondents
Mr.Zaid Ansari, for the Petitioner.
CORAM : NARESH H. PATIL, C.J. & N.M.JAMDAR, J. Date : 16 January, 2019.
P.C. :
The Petitioner is a Defendant in the S.C. Suit No.1524 of 2012 pending before the Bombay City Civil Court, at Dindoshi, Mumbai.
63 WP 399-19 .doc
N.M.JAMDAR, J. CHIEF JUSTICE
2 issues framed by the court
Whether a direction can be issued to the civil court to prioritize a Notice of Motion given that the chamber summons is already pending.
Whether the High Court can direct the lower court to take up a Notice of Motion first upon a writ petition filed.
Ramesh Chunilal Kisani
Sangeeta Surendra Udeshi
NARESH H. PATIL
N.M. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
