This case record is taken up for consideration for passing order in respect of MA case which has been initiated in view of the application filed by the OP of CC case no.34/2023  on the ground of maintainability of the above noted C.C.case.  This case has been contested by the OPs of the MA case by filing written objection.

Heard both sides considered submission.

Perused the application filed by the OP on the ground of maintainability of the above noted C.C. case.  Also examine the written objection filed by the OP of this MA case who is the complainant of C.C.case no.34/23. 

After going through the material of this case record of MA case no.47/23 as well as the case record of C.C. case no- 34/23 this District Commission finds that it would not be just and proper to decide the fate of the C.C. case no-34/23 only on the basis of point of maintainability.  This District Commission is of the view that for the interest of arriving at just and proper decision in CC-34/23 there is necessity of taking evidence of both sides.  It is important to note that the OP has already filed w/v and this CC case is ready for recording evidence.

In the light of the observation made above it would be just and proper to decide the maintainability point after completion of the trial of C.C.-34/23.  So let the petition filed by the OP on the ground of maintainability of this case be heard alongwith the trial of C.C-34/23. 

In the light of the observation made above the MA case no.47/23 is disposed of.