SUNITA DEVENDRA Vs. SITADEVI DESHPRABHU

JUDGEMENT

(1.) Both these civil revision applications challenging the same impugned order dtd. 16/8/2019 in Special Civil Suit No.89/2006 filed on 1/9/2006, are taken up for final disposal with the consent of the parties, at the stage of admission itself.

(2.) Heard Mr Parag Rao along with Mr A. Parrikar, learned counsel for the applicants in both the matters and learned Senior Counsel Shri Sudin Usgaonkar along with Shri Ashwin Ramani and Shri Shukr Usgaonkar, learned counsel for the respondents.

(3.) Applicants no.1 and 2 in Civil Revision Application No.46/2019 are original defendants no.2 and 4. Applicant since deceased through his LRs in Civil Revision Application No.47 of 2019 is the original defendant no.3. These defendants filed an application under Order XXIII Rule 1(4) along with Sec. 151 of CPC in Special Civil Suit No.89/2006 claiming therein that the said suit be dismissed as the plaintiff by abandoning their foundational claim in Special Civil Suit No.74/2007 are not entitled to pursue the present suit on almost identical reliefs and between the same parties.