Dhirajlal Raishi Chheda And Anr vs Mukesh Raishi Chheda And Anr
2023 Latest Caselaw 1837 Bom

                                     8-1-IA168-2023INS1861-2002.DOC

                                                            Santosh
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
            INTERIM APPLICATION NO. 168 OF 2023
                             IN
                   SUIT NO. 1861 OF 2002

Dhirajlal R. Chheda & Anr.                          ...Applicants
In the matter between
Mukesh Raishi Chheda & anr.                           ...Plaintiffs
                     Versus
Dhirajlal Raishi Chheda & ors.                      ...Defendants

Mr. Yahya Ghoghari, a/w Uttam Rane, i/b Jatin Sheth, for the
      Plaintiffs.
Mr. V. Y. Sanglikar, a/w Mr. Sarvanakar, i/b Sarvankar & Co.,
      for the Defendants.

                              CORAM:      N. J. JAMADAR, J.

                              DATED :     23rd FEBRUARY, 2023
PC:-

1. Heard the learned Counsel for the parties.

2. Perused the order passed by this Court on 14 th March,

2022 and the order passed by the Division Bench in Interim

Application (L) No.11781 of 2022 in Appeal No.90 of 2022 dated

9th June, 2022.

3. The learned Counsel for the plaintiffs points out that the

defendant had carried the said order in appeal before the

Supreme Court and the SLP (C) No. 15406 of 2022 came to be

dismissed by order dated 26th September, 2022. The order of

the Supreme Court reads as under:

8-1-IA168-2023INS1861-2002.DOC

"1. Having heard learned Senior Counsel appearing on behalf of the petitioners and on carefully perusing the material placed on record, we do not find any ground to interfere with the impugned judgment and order dated 09.06.2022 passed by the High Court of Judicature at Bombay.

2. The Special Leave Petition is, accordingly, dismissed.

3. However, taking into consideration the facts and circumstances of the instant case, the High Court is requested to expedite the hearing of Suit No.1861 of 2002, subject to other prioritised matters."

4. The defendants seek framing of 31 additional issues. It is

pertain to note issues of bar of limitation and jurisdiction of this

Court to entertain, try and dispose of the suit have already been

framed, by order dated 30th November, 2010.

5. From the perusal of draft issues, it is evident that

defendant No. 1 again seeks framing of number of issues, which

pertinent to the bar of limitation, namely, proposed additional

issue Nos. 8, 10, 11, 14, 16, 19 and 20. Likewise, a number of

proposed additional issues deal with jurisdiction of this Court to

entertain, try and dispose of the suit with reference to diverse

statutory provisions.

6. By way of certain proposed additional issues burden is

sought to be cast on the plaintiffs to prove certain facts in issue

for which issues have already been framed in a positive manner.

Few proposed additional issues seek to cast burden on

defendant No. 1 regarding the ligality and validity of the

8-1-IA168-2023INS1861-2002.DOC

documents, in respect of which the Court has already framed

the issues with onus on proof of the plaintiffs.

7. In substance, what the defendants propose is to have the

issues already framed by the Court split into numerous issues

and cast burden on the plaintiffs as well as the defendants

simultaneously. The said course is unwarranted.

8. In the circumstances, I do not find any justifiable reason

to frame any additional issue.

9. Hence, the application stands dismissed.

10. Suit to stand over to 16th March, 2023.

[N. J. JAMADAR, J.]