BOWRING INSTITUTE Vs. B.S. ASHOK AND ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 10947 of 2016, Judgment Date: Nov 18, 2016

                                                              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

      KURIAN,J.

      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  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.
                                    - 2 -

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.

                                                     .................J.
                                                      [KURIAN JOSEPH]


                                                  ....................J.
                                              [ROHINTON FALI NARIMAN]
NEW DELHI;
NOVEMBER 18, 2016