SANTRAM DASHRATH MANGAONKAR Vs. DASHRATH MARUTI MANGAONKAR

JUDGEMENT

(1.) The present Petition has been filed by the defendant in L.E. Suit No.60/67 of 2014 pending before the Small Causes Court at Mumbai.

(2.) In the present Petition, the challenge is to the impugned order dtd. 24/9/2021 passed on application below Exh.38 filed by the Petitioner i.e. the defendant. The said application was filed under sec. 10 of the Civil Procedure Code, 1908 for stay of the said Small Causes Court suit in view of pendency of suit in City Civil Court.

(3.) After arguing the matter for sometime, both the parties have arrived at some agreed arrangement. The said arrangement is reflected in Minutes of Order dtd. 20/7/2023. The said Minutes of Order are signed by the Petitioner and the Respondent who are personally present in Court and also learned Advocates appearing for the respective parties. Respondent - Dashrath Maruti Mangaonkar who is personally present in Court states that contents of Minutes of Order are explained to him in 'Marathi' by learned Advocate Mr. Rupesh Padwal and he has agreed for the same. Mr. Santram Dashrath Mangaonkar i.e. the Petitioner who is personally present in Court states that he has gone through the Minutes of Order and he is consenting for the same. Both the parties have kept the period as reflected in paragraphs 8 and 9 of the Minutes of Order 'blank' and requested this Court to issue appropriate direction. The said period in paragraphs 8 and 9 will be '15 months'. The said Minutes of Order are taken on record and marked 'X' for identification. The said Minutes of Order read as under :- "MINUTES OF ORDER