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Court Order

Final Order 1

CNR MHCC01000474202005 Feb 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 05 Feb 2021 · CNR MHCC010004742020

Order Details: Other
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
TRANSFER APPLICATION NO.06 OF 2020
IN
NOTICE OF MOTION NO.3789 OF 2018
IN
SUIT NO.242 OF 1987
(DISPOSED OF)
Kanaiyalal Jethalal Pujara ... Applicant/
plaintiff
Versus
Jitendra Raichand Kothari (Deceased)
Bhanuben Jitendra Kothari & Ors. ... Defendants/
(Legal Heirs since deceased org.defendant) Respondents
CORAM: H.H.THE PRINCIPAL JUDGE
S. B. AGRAWAL (C.R.No.19)
DATED: 5th February, 2021
None present for applicant/plaintiff
None present for defendants/Respondents
ORAL ORDER
1. Plaintiff in dismissed Suit No.242 of 1987 wherein Notice of
Motion No.3789 of 2018 for restoration is pending, has filed this
application seeking transfer of the said matter to some other Court.
2. Said application is pending for over a year and upon receiving
mails of the applicant/ plaintiff, as per his request he was
accommodated until November-2020. Thereafter, neither the applicant
appeared before this Court, nor this Court received any intimation.
Service of the application is also not effected on the respondents.
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Kanaiyalal Jethalal Pujara V/s. Bhanuben Jitendra Kothari & Ors.
3. It is stated that the applicant is aged 83 years and NRI residing in
London and that although the applicant has effected the service of
Notice of Motion on the respondents, the same has not been considered
by the learned Judge presiding in Court No.2. In fact these averments
are not sufficient to constitute any ground of transfer. In such
circumstances, I pass the following order.
O R D E R
Transfer Application No.6 of 2020 stands rejected.
Sd/-
(S. B. AGRAWAL)
05/02/2021 PRINCIPAL JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 05/02/2021
Transcribed on : 05/02/2021
Signed by HHJ on : 05/02/2021
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05/02/2021
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Kanaiyalal Jethalal Pujara V/s. Bhanuben Jitendra Kothari & Ors.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
06/02/2021 11.00AM B.R.HATEKAR S.G.
Name of the Judge HH PRINCIPAL JUDGE (CR No.19)
Date of Pronouncement of Judgment/Order. 05/02/2021
Judgment/order signed by P.O on 05/02/2021
Judgment/order uploaded on 06/02/2021
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05/02/2021
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