Dnyandeo S/O Hari Bonde vs Govind S/O Shekoji Khandare And ...
2021 Latest Caselaw 6220 Bom

                                  1                                                                                                                    AO 14.2020

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 NAGPUR BENCH : NAGPUR

                                              Appeal Against Order No.14/2020
                                      (Dnyandeo Bonde V Govind Khandare and another)
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Office Notes, Office Memoranda of Coram,                                                                                             Court's or Judge's orders
appearances, Court's orders of directions
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                            Shri N.S. Badhe, Adv for appellant.
                            Shri S.G. Karmarkar, Adv for resp.no.1.

                                        CORAM : S.M. MODAK, J.

DATE : 07-04-2021.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. Heard both the sides.

3. The learned Advocate for the respondent/original plaintiff wants to take instructions from the client. As per the order passed by the First Appellate Court, the trial Court has issued summons to the defendants to appear before the trial Court on 09-04-2021.

4. The application of the defendants under Order 7 Rule 11 (d) of the Code of Civil Procedure, came to be allowed by the trial Court. Whereas, the said order was reversed by the First Appellate Court. As per the impugned judgment, the application came to be rejected and the trial Court was directed to proceed with the suit. According to the defendants, the suit is hopelessly time barred and hence prior to trial of the suit, their application under Order 7 Rule 11(d) of the CPC, needs to be decided.

5. By keeping all the issues open, the respondents need to give some time to give instructions. Hence, the matter is kept on

2 AO 14.2020

19-04-2021 for final hearing.

6. Till that time, the proceedings of Regular Civil Suit No.9/2017 is stayed.

7. It is made clear that on 19-04-2021, the matter will be heard finally.

8. If the appellant wants to rely upon any document, it be emailed to learned Advocate for the respondents.

9. If this Court will find that the appellant is unnecessarily prolonging the matter, the Court will be compelled to vacate the stay.

(S.M. Modak, J.) Deshmukh