M/S. Arihant Vastushilp Propcon ... vs Sou. Sarika Vivek Chavan (Nee) ...
2022 Latest Caselaw 1484 Bom

                                                            10.318.19 cra.doc

ISM
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                           CIVIL APPELLATE JURISDICTION

                     CIVIL REVISION APPLICATION NO. 318 OF 2019

      M/S. ARIHANT VASTUSHILP PROPCON                      ....APPLICANTS
      PVT. LTD. AND ANR

              V/s.

      SOU. SARIKA VIVEK CHAVAN AND ANR               .....RESPONDENTS

      Mr. Vikram Chavan a/w Chandni Bhatt i/b C. K. Legal advocate for
      the Applicants


                          CORAM :   NITIN W. SAMBRE, J.

                          DATE:     FEBRUARY 11, 2022.

      P.C.:

      1)      This Petition is by Defendant to R.C.S. No. 34/2018 whereby

Application Exh. 41 under Section 151 of Code of Civil Procedure,

1908 for dismissal of the Suit came to be rejected vide impugned

order dated 22/01/2019. Suit is initiated by Respondent-Plaintiff for

permanent injunction claiming to have title over the Suit property.

2) Petitioner has invoked provisions of Section 151 of Code of Civil

Procedure, 1908 seeking dismissal of the Suit. Contentions of Mr.

10.318.19 cra.doc

Chavan are, in exercise of powers under Section 151 of Code of Civil

Procedure, 1908, Court Court can dismiss the Suit provided claim in

the Suit is baseless and meritless. So as to substantiate said claim,

he intends to rely on certain judgments.

3) At this stage, he seeks time to place on record those judgments.

4) In view of above, adjourned to 18/02/2022 by way of last

chance. Liberty to circulate the Judgments which he intends to rely

on.

[NITIN W. SAMBRE, J.]