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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.  

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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