In Writ Petition No. 11031 of 2017 and Civil Application No. 280 of 2019, the Bombay High Court disposed of appeals against a rejection of an application to re-frame suit issues, keeping merits open.
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.
10.CAW No. 280 of 2019.doc
psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION No. 11031 OF 2017 AND
CIVIL APPLICATION No. 280 of 2019
Sanjay Harakchand Nanawati & Ors. ...Petitioners
vs.
Lilabai @ Bharti Bachhubhai Shah and Ors. … Respondents
Mr.N.R. Bubna for petitioners.
CORAM :-G. S. KULKARNI, J.
DATE :-FEBRUARY 4, 2021
PC :-
1. Heard Mr.Bubna, learned Counsel for the petitioners.
2.The petitioners are original defendants in a suit instituted
by the respondents/plaintiffs before the Court of C.J.S.D., Malegaon.
3.By the impugned order dated 1 August, 2017 an
application as filed on behalf of the petitioners/defendants to re-frame
the suit issues came to be rejected.
4.Having heard Mr.Bubna, learned counsel for the petitioners
and having perused the impugned order, at the outset, it is required to
be noted that the impugned order is a reasoned order. It is an
interlocutory order. In the facts of the case, it would be appropriate
that the parties are left to assert their respective pleas on merits in the
pending suit. Needless to observe that it would be open to the parties
Page 1 of 2
10.CAW No. 280 of 2019.doc
to assert their contentions if the suit is decided adverse to their interest.
5.The petition is accordingly disposed of, however keeping
open all contentions of the parties on merits of the dispute. No costs.
6.The learned trial Judge shall make an endeavour to dispose
of the pending suit as expeditiously as possible.
7.In view of disposal of the writ petition, Civil Application
No.280 of 2019 would also not survive. It is accordingly disposed of.
(G. S. KULKARNI, J.)
Digitally signed by PrajaktaS. Prajakta S.VartakDate: Vartak 2021.02.04 16:20:25 +0530
Page 2 of 2
Sanjay Harakchand Nanawati & Ors.
Lilabai @ Bharti Bachhubhai Shah and Ors.
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court