Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 82 DV 2022 Arati Vs Hementkumar and ors.
CNR No.MHMM18-004472-2022
COMMON ORDER BELOW EXH.1
(In D.V. Case Nos.82 of 2022, 107 of 2022, and 130 of 2022)
1. Brief facts of all these three matters, interconnecting themselves,
are as follows -
Initially the D.V. Case No.82 of 2022, is filed. In the said matter,
the applicant Mrs. Arati Hemantkumar, is wife of respondent Mr.
Hemantkumar. Respondent No.2, in this matter is Mrs. Anandi Devi, the
mother of respondent Mr. Hemantkumar and Respondent No.3, Mrs.
Rashmi Gupta, is real sister of respondent Mr. Hemantkumar.
Subsequent to that D.V. Case No.107 of 2022, was filed. In the said
matter the applicant Mrs. Anandi Devi is mother-in-law of respondent
Mrs. Arati Hemantkumar, who is applicant in the first application, i.e.
D.V. Case No.82 of 2022. In this matter the applicant in D.V. case
No.107 of 2022, is also respondent.
Lastly, the D.V. Case No.130 of 2022, was filed. In this matter,
again the applicant is Mrs. Anandi Devi and respondents are real
daughters of Mrs. Arati Hemantkumar and Mr. Hemantkumar, both of
whom are either applicants or respondents in above referred matters.
All of them claimed that they are residing under common room at
Bandra, Mumbai. Their pleadings reflects that it is their shared household
and reliefs are based on this very fact. It means basis of the claim is same.
2. From these admitted facts it is clear that all the matters are
interconnected. They are based on common facts. If we go to reliefs
claimed by all the parties in all the matters, it is clear that, they made
adverse allegations against each other and reliefs are of such a nature,
which can not be granted to all the parties. They are interconnected and
interdependent. One relief granted to one party dis-entitles to others. In
addition to that both the parties filed several other applications disputing
tenability of some of them and seeking other reliefs as well.
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C. C. No. 82 DV 2022 Arati Vs Hementkumar and ors.
CNR No.MHMM18-004472-2022
3. It is noticed that all the parties are insisting on decision on all the
applications, including application for interim reliefs. They contended
that the reliefs sought by them are urgent. The written statements on main
applications and replies to the applications for several interim reliefs are
not yet filed. Despite that parties are insisting on arguments on interim
reliefs.
4. If such a permission is granted and practice is allowed to be
followed, there is possibility of conflicting decisions and confusion. Such
a practice can not be allowed. From the conduct of parties it appears that
they are not ready to file replies/say on all the applications for interim
reliefs. Before proceeding further, it is necessary to make it clear and
hence, following order -
ORDER
a. All the parties in all these three matters, are directed to file their
replies/say to the various applications filed by their adverse party, on or
before next date without fail, including written statement/reply to the
main application.
b. Parties are also directed to file their respective affidavits of assets
and liabilities, if it is necessary, on or before next date.
c. If any of these parties failed to comply above directions, all the
applications, including main applications filed by respective parties, are
deemed to be proceeded, without their say/replies and respective written
statements and proceeded further.
d. All the matters are kept on next date for above compliance and
argument on all the interim applications.
e. Copy of this order shall be kept in all the three matters.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 21.09.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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