Mrs.Navleen kaur Chadha & Ors. v. Mrs.Amarpreet Kaur Chadha & Ors.
Case at a glance
Outcome
Disposed of
Both appeals are disposed of accordingly
Provisions considered
Key paragraphs
- Para 44. Both appeals are disposed of accordingly. Pending civil applications are also disposed of. No costs. Sanjay Nanoskar, P.S. (B.P. DHARMADHIKARI, J.)
Judgment
Ms.Shaila S. Pandey for the respondents (in AO No.423/2012) and for the appellant (in AO No.489/2012). CORAM : B.P. DHARMADHIKARI, J. DATED : 15th October 2012. P.C. : The very same order is questioned by the parties in these two matters. The appellants in AO No.423/2012 are defendants and they state that their flat being flat No.1702 is purchased by them by raising loan. Effort is to show distinct identity of the tenement through specific pleading in this respect in written statement. Learned counsel for 2/2 423.12-ao-- appellants states that the trial court has, inadvertently, presumed the properties forming subject matter of payer (a) and prayer (b) to be the one and the same.
Learned counsel for original plaintiffs states that the trial court has not correctly appreciated the interim prayers made by the plaintiff and the fact that the row-house was standing in joint name was not relevant in its appreciation and consideration.
In this situation, the impugned order, which shows non- application of mind to vital aspects which arise from respective arguments, is quashed and set aside. Notice of Motion No.425/2011 is restored back to the file of the City Civil Court for consideration in accordance with law Learned counsel for defendants has pointed out that he has raised objection under section 9A of C.P.C. The trial Court is free to consider all issues in accordance with law and to dispose of the notice of motion after giving opportunity of hearing to the parties.
Operative part
Both appeals are disposed of accordingly. Pending civil applications are also disposed of. No costs. Sanjay Nanoskar, P.S.
(B.P. DHARMADHIKARI, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Both appeals are disposed of accordingly
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 9A.
Which court decided this case, and when?
Bombay High Court, on 15 Oct 2012. The bench was B P DHARMADHIKARI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.