Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10947 OF 2016
(Arising out of SLP ( C) No. 32100 of 2013)
BOWRING INSTITUTE APPELLANT
VERSUS
B.S. ASHOK AND ORS. RESPONDENTS
J U D G M E N T
KURIAN,J.
1 Leave granted.
2 The appellant is before this Court aggrieved by the order
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dated 24 September, 2013 passed by the High Court of
Judicature of Karnataka at Bangalore in Civil Revision
Petition No.249 of 2013. When the matter came up before this
Court on 25.10.2013, this Court passed an interim order
JUDGMENT
staying the operation of the impugned order. The said order
is operative even as of now.
3 We are informed that there are three suits, of which one
has already been dismissed and in which there is an
application for restoration, which is pending. Be that as it
may, O.S. No. 3063 of 2013 has been filed before the Court of
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the 37 Additional City Civil Judge, Bangalore, whereas O.S.
Nos. 25936 of 2013 and 25947 of 2013 have been filed before
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the Court of 28 Additional City Civil Judge, Bangalore.
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4 Having regard to the nature of disputes, we are of the
view that it is in the interest of all concerned, to have the
suits consolidated and tried expeditiously.
5 The appeal is hence disposed of by transferring O.S. No.
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25936 of 2013 and 25947 of 2013 to the 37 Additional City
Civil Judge, Bangalore, to be consolidated with O.S. No. 3063
of 2013 before the said Court.
6 We make it clear that this Judgment shall not be taken to
mean that in case any of the suits has been dismissed on
default, the same should be restored, such application, if
any, pending before the concerned Court will be decided on its
on merit.
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7. We direct the 37 Additional City Civil Judge, Bangalore
to try and dispose of the Suits expeditiously and in any case
before the commencement of Summer Vacation.
8. Interim order passed earlier by this Court shall continue
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till the disposal of the above suits.
.................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
NOVEMBER 18, 2016
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