Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100524/2019
Laxmi Avenue CHS Ltd Vs Laxmi Builders And Developers And Ors
Date : 15-03-2019
Business : Notice of Motion is disposed off on 14/3/2019. Adv. Mr.
Chandnani for Plff present. None for Deft No.1C and 1D
Adv. Mrs. Mhatre for MCGM/deft. No.2 present. Order on
N/M No.524/19 Perused contents of N/M, reply filed
thereto and heard arguments advanced by both sides. By
way of this motion the Defts are praying for rejection of
plaint for want of leave under O.II R.2 of CPC. According
to them the Plff had earlier instituted Suit No.7762/02 and
subsequently filed the instant suit on the same cause of
action. It is further averred that the contentions made in this
suit could have been made in the earlier suit and such
subsequent plaint without leave under O.II R.2 of CPC is
liable to be rejected. The Plff has filed affidavit in reply
contending that the instant motion has been filed to nullify
order passed by Hon&amp#039ble Bombay High
Court, the Defts are playing fraud upon the Court, therefore
the motion be dismissed. After going through the record,
the matter is of the year 2005. It means the instant motion
has been filed after a period of 14 years. Roznama shows
that on 25/1/2018 list of documents (Exh.12) were filed. It
further reveals that matter was fixed for recording of
evidence from 1/7/2016. It means the matter has reached
stage of recording evidence in the year 2016. The Defts had
sufficient opportunity to file such motion at the earliest.
After going through the prayers made in both suits, they are
not one and the same. The causes of action shown in both
the suits are different. It is also important to note that
Hon&amp#039ble Bombay High Court disposed of N/
M No.888/06 on 8/7/2009. No plea was made before the
Hon&amp#039ble High Court regarding bar of suit
under O.II R.2 of CPC. As such I do not find any merits in
the motion and the same is dismissed with costs. Adjd to
30/3/2019 for cross of PW-1.
Nature of Disposal : DISMISSED
Disposal Date : 15-03-2019
COURT 08 ADDL SESSIONS JUDGE
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