This case record is taken up for consideration in the matter of passing order in respect of application filed by the OP of C.C-187/2022 on the ground that above noted C.C. case is not maintainable.

This matter has been contested by the OP of this MA case who is the complainant of C.C-187/2022.

Heard the argument of both sides.   Considered submission.

It is the main point of contention and argument of the applicant side of this MA case that C.C. case is not maintainable on the ground that commercial purpose is involved and this above-noted C.C. case is that for non-joinder of necessary parties and above noted C.C. case is barred by limitation.

On the other hand, it is the submission of the OP of the MA case that he is in possession of the flat in question and occupying the same.  It is alleged that the applicant side is not paying any maintenance and parking charges to the OP and there is no necessity to incorporate other flat owners in the above-noted C.C. case.

In the matter of arriving at just and proper decision in this MA case, this district commission after going through the material of the case record of C.C-187/2022 as well as this MA case finds that the questions raised by the applicant of this MA case are connected with recording evidence of the parties and in the absence of evidence the questions raised in this MA case cannot be settled.  So it would be better to hear this MA case along with the trial of C.C.-187/2022.

In the light of the observation made above, this MA case is disposed of on contest. 

Let this case record be tagged with the case record of C.C. case no.187/2022.