LawDistill
Supreme Court of India

BOWRING INSTITUTE vs B.S. ASHOK on 18 November, 2016

Cites 0 provisionsCites 0 judgmentsCited by 0
C.A. No.-010947-010947 - 2016Official PDFBench Kurian Joseph, Rohinton Fali NarimanAdvocates GAUTAM NARAYAN
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10947 OF 2016
(Arising out of SLP ( C) No. 32100 of 2013)
BOWRING INSTITUTE APPELLANT
VERSUS
B.S. ASHOK AND ORS. RESPONDENTS
J U D G M E N T

1 Leave granted.

2 The appellant is before this Court aggrieved by the order

dated 24th September, 2013 passed by the High Court of

Judicature of Karnataka at Bangalore in Civil Revision

Petition No.249 of 2013. When the matter came up before this

Court on 25.10.2013, this Court passed an interim order

staying the operation of the impugned order. The said order JUDGMENT is operative even as of now.

3 We are informed that there are three suits, of which one

has already been dismissed and in which there is an

application for restoration, which is pending. Be that as it

may, O.S. No. 3063 of 2013 has been filed before the Court of

the 37th Additional City Civil Judge, Bangalore, whereas O.S.

Nos. 25936 of 2013 and 25947 of 2013 have been filed before

the Court of 28th Additional City Civil Judge, Bangalore.

4 Having regard to the nature of disputes, we are of the

view that it is in the interest of all concerned, to have the

suits consolidated and tried expeditiously.

5 The appeal is hence disposed of by transferring O.S. No.

25936 of 2013 and 25947 of 2013 to the 37th Additional City

Civil Judge, Bangalore, to be consolidated with O.S. No. 3063

of 2013 before the said Court.

6 We make it clear that this Judgment shall not be taken to

mean that in case any of the suits has been dismissed on

default, the same should be restored, such application, if

any, pending before the concerned Court will be decided on its

on merit.

7. We direct the 37th Additional City Civil Judge, Bangalore

to try and dispose of the Suits expeditiously and in any case

before the commencement of Summer Vacation.

8. Interim order passed earlier by this Court shall continue

till the disposal of the above suits. JUDGMENT