Daksha Uday Mehta vs. Rajen N. Mehta

Order - Status 6: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 924 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's Orders Orders -------------------------------------------------------------------------- Mr.P.K.Dhakephalkar Sr.Adv i/by. Ajay Patil for the petitioners. Mr.J.A.Shah for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 11TH FEBRUARY,2008. P.C. : 1.This petition is by the original defendant in Short Cause Suit No. 987 of 2006. She applied for staying of hearing of this suit until her suit being RAD Suit No. 829 of 2006 is decided by the court of Small Causes. That application is rejected by the impugned order. 2.After the matter was argued for some time, Mr.Dhakephalkar learned Senior Counsel appearing for the petitioner does not press the matter, insofar as , the relief of stay of suit is concerned. Even otherwise the suit in the Civil court and the Court of exclusive jurisdiction containing distinct reliefs, so also, the powers in law being not identical that relief has been rightly refused. However, insofar as , the issue of jurisdiction is concerned, the Trial court to frame the issue of jurisdiction in Suit No. 987 of 2006 and decide the same alongwith other issues on its own merits and in accordance with law without being influenced by the order passed on the application of stay made under Section 10 of CPC. All contentions of both sides are kept open. Petition dismissed, subject to above directions. No order as to costs. sd/- (JUDGE)