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ORDER BELOW EXHIBIT 12
IN
SUIT NO. 1649 OF 2010
JYOTI DINESH PAREKH & ORS.
...Plaintiffs.
V/s.
HARSHAD MANILAL PAREKH & ORS.
...Defendants.
Appearances:
Ld. Adv. Mr. Jonathan Josh for plaintiffs.
Ld. Adv. Ms. Priyanka Rane for defendant No.3.
CORAM : HIS HONOUR JUDGE
SHRI SADRUDDIN A. QUAZI
(C.R.No.04).
DATED : 23rd October, 2018.
: ORAL ORDER :
1. The plaintiffs have filed this application with a prayer that the
matter be adjourned sine die pending the suit No.150/2011 and
2548/2010 before the Hon'ble High Court. In alternate, the prayer
made in this application is to allow the plaintiffs to withdraw the suit
with liberty to revive the same depending on the outcome of the Court
Commissioner's report filed in the aforesaid two suits in the Hon'ble
High Court.
2. The defendant No.3 has filed reply to this application and has
opposed it. Rest of the defendants are absent and have not filed any
reply.
Order below Exh.12 .. 2 .. Suit No. 1649/2010
3. I have heard the arguments advanced by the learned Advocate of
the plaintiffs and learned Advocate of the defendant No.3. It appears
that the plaintiff has filed suit No.150/2011 for partition of the
properties including the suit property. Similarly, the defendants have
filed suit No.2548/10 for cancellation of gift deed and injunction etc.
Both these suits were filed in the Hon'ble High Court. It appears from
the annexures to this application that, the Hon'ble Bombay High Court
has passed order dated 21.06.2013 in Appeal (Lodging) No.196/2013
and Appeal (Lodging) No.197/2013. The said appeals have been
disposed of holding that Shri S. Galaxy had 2/3rd share in the suit
property and Gautam Parekh and others heirs of the branch of
Dhanlaxmi/plaintiffs in Suit No.150/2011 have 1/3 rd share in the suit
property. It appears from the above submissions of the parties that
preliminary decrees have been passed in both the suits to the aforesaid
effect. Still the plaintiffs are not withdrawing the suit unconditionally.
In such circumstances, the matter cannot be adjourned sine die as
requested. Similarly, the alternate prayer made in this application as
described above cannot be granted because already preliminary decrees
have been passed in the aforesaid two suits. Hence, this application will
have to be rejected. Hence, I pass the following order.
: ORDER :
The application at exhibit12 is hereby rejected and it stands
disposed of accordingly.
(SADRUDDIN A. QUAZI)
Judge, (C.R.No.4)
Date : 23.10.2018. City Civil Court, Gr. Mumbai
Dictated on : 23.10.2018.
Transcribed on : 23.10.2018.
Signed on : 23.10.2018.
Order below Exh.12 .. 3 .. Suit No. 1649/2010
24.10.2018, at 10.46 a.m. Tushar P. Kuwar
UPLOAD DATE AND TIME [NAME OF STENOGRAPER]
Name of the Judge HHJ Shri S. A. Quazi
(With Court room no.) Court Room No.4
Date of Pronouncement of Judgment/order 23.10.2018.
Judgment/order signed by P.O. on 23.10.2018.
Judgment/order uploaded on 24.10.2018.