Bombay High Court
Shri Bharat S/O Gangabisan ... vs Shri Sanjay S/O Chandrakant ... on 17 November, 2017
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No. 4466/2016
Shri Bharat S/o Gangabisan Kalantri
Age Adult, Occ. Business,
R/o Heritage Apartments,
Civil Lines, Nagpur
..... PETITIONER
...V E R S U S...
Sanjay S/o Chandrakant Thakkar,
Age 50 years, Occ. Business,
R/o Wardhaman Nagar, Nagpur
... RESPONDENT
=====================================
Shri R.R. Srivastava, Advocate for the petitioner
Shri S.V. Purohit, Advocate for the respondent
=====================================
CORAM:- Z.A. HAQ,J.
DATED :- 17 November
th
,
201
7
Misc. Civil Application (MCA) No. 323/2017
For the reason stated in the application, the order
passed by this Court in Writ Petition No. 4466/2016 on
16/02/2017 is recalled. The writ petition is restored. The civil
application is allowed accordingly.
Writ Petition No. 4466/2016
ORAL JUDGMENT :-
1] Heard Shri R.R. Srivastava, the learned advocate for the
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petitioner and Shri S.V. Purohit, the learned advocate for the
respondent.
2] Rule. Rule made returnable forthwith.
3] The defendant in Special Civil Suit No. 1006/2008 has
challenged the order passed by the trial Court allowing the
application (Exh. 68) filed by the plaintiff and staying the
proceedings of Special Civil Suit No. 1006/2008 till the decision of
Special Civil Suit No. 463/2006.
4] The Special Civil Suit No. 463/2006 is filed by Murarka
Shivhare Housing Complex Pvt. Ltd., against Daulatrao S/o
Nagorao Shedame and others praying for various reliefs, one of it
being decree for declaration that Murarka Shivhare Housing
Complex Pvt. Ltd. (Plaintiff) in Special Civil Suit No. 463/2006
has become the absolute owner of the suit land, having purchased
it by sale-deeds registered on 05/08/1988 and 16/02/1993. This
civil suit is pending. In this special civil suit, the present petitioner-
Bharat Gangabisan Kalantri and the present respondent-Sanjay
Chandrakant Thakar are impleaded as defendants as per the order
dated 06/03/2006.
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In the Special Civil Suit No. 1006/2008, the present
respondent Sanjay Chandrakant Thakar has prayed for decree for
specific performance of contract for sale and for compensation. In
this civil suit, the present petitioner-Bharat Gangabisan Kalantri is
the defendant. The plaintiff-Sanjay Chandrakant Thakar has
prayed for specific performance of contract in respect of the land
which is subject matter of Special Civil Suit No. 463/2006.
5] After arguing for some time, the learned advocates for
the respective parties have submitted that Special Civil Suit No.
1006/2008 can be tried alongwith Special Civil Suit No.
463/2006. However, the learned advocates are not in a position to
point out whether both the civil suits are before the same Court.
6] Considering the facts of the case and the submissions
made by the learned advocates for the respective parties as
recorded above, in my view, the interests of justice would be sub-
served by passing the following order:-
O R D E R
1] The impugned order is set aside.
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2] If the Special Civil Suit No. 463/2006
and Special Civil Suit No. 1006/2008 are not
before the same Court, the learned Principal
District Judge shall allot both the civil suits to one
Court.
3] The Court to which the civil suits would
be allotted shall consider whether both the civil
suits can be tried together and if not, the matter
may be decided separately but simultaneously. As
the civil suits are of 2006 and 2008, the learned
trial Judge shall dispose both the civil suits till
05/05/2018.
The writ petition is disposed in the above terms. In the
circumstances, the parties to bear their own costs.
JUDGE
A n s a r i
