M.Y.EQBAL, KURIAN JOSEPH
Foreshore Co-operative Housing Society Limited – Appellant
Versus
Praveen D. Desai (Dead) thr. Lrs. – Respondent
JUDGMENT
M. Y. EQBAL, J.
Leave granted.
2. In these appeals question has been raised about the ambit and scope of Section 9A CPC as inserted by the Code of Civil Procedure (Maharashtra Amendment) Act 1977 vis-à-vis the provision of Order XIV Rule 2 of the Code of Civil Procedure. Before adverting to the legal question, it would be proper to mention the nature of the orders passed by the Bombay High Court in these appeals.
3. In Civil Appeal No. 7732 of 2011 (Foreshore Co-operative Housing Society Limited vs. Praveen D. Desai (Dead) thr. Lrs. and others) the Division Bench of the Bombay High Court upheld the order of the learned Single Judge dismissing the appellant’s suit on the ground that the suit was barred by limitation. In Civil Appeal No.5514 of 2012, the appellants are aggrieved by the impugned Order dated 15.3.2012, whereby the Division Bench refused to interfere with order dated 24.1.2011 passed by the learned Single Judge in Notice of Motion No.3616 of 2010 in Suit No.2901 of 2010. The Notice of Motion was taken out by the plaintiffs seeking certain interim reliefs pending hearing of the suit. The learned Single Judge by the said order directed the defendants to file repl
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