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2003 Supreme(Bom) 440

D.B.BHOSALE
Ashok Ravji Vadodriya & others – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


JUDGMENT - BHOSALE D.B., J.:---Heard Mr. Walawalkar, learned Counsel for the appellants and Ms. Modale, learned Counsel for the respondent.

2. These three appeals from order arising from common judgment and order dated 19th October, 2002 passed by the City Civil Court, Bombay, in Notice of Motion No. 374 of 2002 in L.C. Suit No. 1047 of 1999, Notice of Motion No. 375 of 2002 in L.C. Suit No. 1049 of 1999, and Notice of Motion No. 376 of 2002 in L.C. Suit No. 1050 of 1999, can be conveniently disposed of at the motion hearing stage.

Admit. Ms. Modale, learned Counsel, waives service for respondent. By consent of learned Counsel for the parties, matters are taken up for final disposal.

3. All three Notices of Motion were filed for restoration of the suits which came to be dismissed by separate orders dated 4-12-2001, 29-11-2001 and 29-11-2001 respectively. Though, the appellants in all three suits are different, the defendant is common. The facts leading to the appeals are similar and, therefore, they are being disposed of by common order.

4. The facts reflected in the impugned order reveal that all the three suits, which were transferred from Court Room No. 10 to 8, had not been attend











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