Bombay High Court
Santram Dashrath Mangaonkar vs Dashrath Maruti Mangaonkar on 20 July, 2023
Bench: Madhav J. Jamdar
2023:BHC-AS:20195
907-wp-8365-2021.doc
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8365 OF 2021
Santram Dashrath Mangaonkar ...Petitioner
Versus
Dashrath Maruti Mangaonkar ...Respondent
Mr. Balasaheb Deshmukh, for the Petitioner.
Mr. R.S. Datar i/b. Mr. Rupesh T. Padwal for the Respondent.
Mr. Santram Dashrath Mangaonkar, Petitioner present.
Mr. Dashrath Maruti Mangaonkar, Respondent present.
CORAM : MADHAV J. JAMDAR, J.
DATE : 20th JULY, 2023
P.C.:
1. The present Petition has been filed by the defendant in L.E. Suit
No.60/67 of 2014 pending before the Small Causes Court at Mumbai.
2. In the present Petition, the challenge is to the impugned order
dated 24th September 2021 passed on application below Exh.38 filed by
the Petitioner i.e. the defendant. The said application was filed under
section 10 of the Civil Procedure Code, 1908 for stay of the said Small
Causes Court suit in view of pendency of suit in City Civil Court.
3. After arguing the matter for sometime, both the parties have
arrived at some agreed arrangement. The said arrangement is reflected
in Minutes of Order dated 20th July 2023. The said Minutes of Order are
907-wp-8365-2021.doc
signed by the Petitioner and the Respondent who are personally present
in Court and also learned Advocates appearing for the respective
parties. Respondent - Dashrath Maruti Mangaonkar who is personally
present in Court states that contents of Minutes of Order are explained
to him in 'Marathi' by learned Advocate Mr. Rupesh Padwal and he has
agreed for the same. Mr. Santram Dashrath Mangaonkar i.e. the
Petitioner who is personally present in Court states that he has gone
through the Minutes of Order and he is consenting for the same. Both
the parties have kept the period as reflected in paragraphs 8 and 9 of
the Minutes of Order 'blank' and requested this Court to issue
appropriate direction. The said period in paragraphs 8 and 9 will be '15
months'. The said Minutes of Order are taken on record and marked 'X'
for identification. The said Minutes of Order read as under :-
"MINUTES OF ORDER
1. By consent of the parties, matter is taken up for final hearing
at the admission stage.
2. The petitioner here is Original Defendant and the Respondent
here is the Original Plaintiff in L.E. Suit No.60/67 of 2014
filed for Eviction before Ld. Small Causes Court, Bombay &
also in S.C. Suit no.590 of 2014 before the Ld. City Civil Court
at Bombay.
3. The petitioner is challenging the Judgment and order dated
24th September 2020 passed by the Ld. Small Causes Court
Bombay, on Application below Exhibit-38 in L.E. Suit No.
60/67 of 2014 whereby the Application filed by the Petitioner
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herein under Section 10 of Civil Procedure Code for stay of
L.E. Suit No.60/67 of 2014 was came to be rejected.
4. By consent of the parties, the impugned judgment and order
dated 24th September 2020 passed by the Ld. Small Causes
Court on Application below Exhibit-38 in L.E. Suit No.60/ 67
of 2014 is hereby set aside.
5. The suit filed by the Respondent herein bearing S.C Suit
no.590 of 2014 for declaration and Injunction is pending
before the Ld. City Civil Court, Bombay. In the said Suit, the
Evidence of the Plaintiff is over and the evidence of the
Defendants Witness No.1 is also over. Considering the
controversy in the matter, the Petitioner (who is the Original
Defendant in the said Suit) is intending to examine five
witnesses in support of his case.
6. The parties have agreed and confirmed that till the Final
decision of the S.C. Suit no. 590 of 2014, pending before the
Ld. City Civil Court, Bombay, the L.E. Suit filed by the
Respondent bearing i.e., L.E. Suit No. 60/67 of 2014 pending
before the Ld. Small Causes Court, Bombay shall remain
stayed.
7. The Parties shall not seek any unnecessary adjournment or
prolong the hearing of the both Suits i.e., S.C. Suit No.590 of
2014 as well as in L.E. Suit No.60/67 of 2014 except for some
unforeseen reason beyond the control of the parties.
8. It is agreed and confirmed by the Both the parties that being
senior citizen, Respondent (Orig. plaintiff in suit i.e. S.C. Suit
no.590 of 2014 filed before Ld. City Civil Court, Bombay),
both the parties shall co-operate to the Ld. Trial court for
early disposal of the said Suit and the Ld. Trial Court is
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requested to dispose of the said suit more particularly S.C.
Suit no.590 of 2014 within a period of 15 months from the
date of production of these of this minutes of order along with
the order passed this Hon'ble Court in the present matter
before the Ld. Trial court.
9. It is also agreed and confirmed by the both the parties that
the being senior citizen, Respondent (Orig. plaintiff in suit
i.e., L.E. Suit no. 60/67 of 2014 before Ld. Small Cause
Court, Bombay) where in Respondent herein above filed his
examination in chief, list of documents and Petitioner herein
above also filed his say on the documents. Now both the
parties shall co-operate to the Ld. Trial court for early disposal
of the said Suit and the Ld. Trial Court is requested to dispose
of the said suit more particularly L.E. Suit no. 60/67 of 2014
within a period of 15 months subject to the order if any
passed in First Appeal filed for challenging Judgment and
decree passed in S.C. Suit No.590 of 2014 that may be filed
by the parties if any.
10. All the contentions on merits of both the above mention suits
are expressly kept open.
11. In view of the above minutes of the order, the Writ petition is
disposed of and no order as to costs."
4. Accordingly, the Writ Petition is disposed of in terms of the
Minutes of Order with no order as to costs.
[MADHAV J. JAMDAR, J.]
