Ravi Sidram Mamure and others v. Surya Constructions and others through Prakash Vitthalrao Suravase
Case brief
What is this about?
Bombay High Court, Second Appeal No. 100 of 2025 with Interim Application No. 1417 of 2025, N.J. Jamadar, J., decided 11 June 2025. Consent-based allowance of second appeal; modification of First Appellate Court order dated 23 October 2024; quashing of judgment and decree in Regular Civil Suit No. 282 of 2015 and restoration to Civil Judge Senior Division, Solapur; impleadment of appellants in Regular Civil Appeal No. 153 of 2019 (Respondent Nos. 1-3) as party defendants; appearance fixed for 30 June 2025; written statement liberty within one month; trial uninfluenced by earlier observations; simultaneous trial and transfer of RCS 282/2015 with Special Civil Suit No. 56 of 2013; disposal of IA 1417 of 2025; liberty to seek stay of RCA No. 178 of 2015 before the District Judge on identical questions. No statutes or precedents cited.
What did the court decide?
Appeal allowed by consent; impugned First Appellate Court order dated 23rd October 2024 modified: judgment and decree in Regular Civil Suit No. 282 of 2015 quashed and set aside and the suit restored to the file of the Civil Judge Senior Division, Solapur; appellants in Regular Civil Appeal No. 153 of 2019 (Respondent Nos. 1-3) added as party defendants; parties to appear before the Trial Court on 30th June 2025; newly impleaded defendants may file written statements within one month; Trial Court to decide uninfluenced by observations in the earlier judgments; Regular Civil Suit No. 282 of 2015 to be heard simultaneously with Special Civil Suit No. 56 of 2013 and transferred to the Court seized with it; Interim Application No. 1417 of 2025 disposed; liberty to apply to the District Judge to stay hearing of RCA No. 178 of 2015.