Final Order 1

Order Details: Other
Pdf Text: 1 TA12.20
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.12 of 2020
In
L.C. Suit No.3236 of 2015
India Finance & Construction
Pvt. Ltd. ..Applicant/plaintif
V/s.
Sarju Fersa Kanu (Deleted)
1a Suhas Sarju Kanu
& Ors. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 5th February,2020
(C.R.No.19)
Advocate Mr.Jaineel Vashi i/b. M.P. Vashi & Associates for
applicant.
Advocate Ms.Anita Trivedi for respondent no.1.
Respondent no.2 absent.
O R A L O R D E R
Read application. Read reply fled by respondent no.1.
Heard both the sides.
2 By the present application, the applicant who is one of
the plaintif in suit no.4726/11 is seeking transfer of suit under
caption i.e. suit no.3236/15 from City Civil Court, Dindoshi branch
to C.R. no.11 (main branch).
-- 1 of 6 --
2 TA12.20
3 Sufce to say that the applicant alongwith other seven
plaintifs fled suit no.4726/11 against the respondent for
declaring that they became owner by adverse possession of the
suit stalls and of land underneath suit stalls with other incidental
relief in the Hon’ble High Court. Upon enhancement of pecuniary
jurisdiction of this court, the said suit came to be transferred to
Bombay City Civil Court, Bombay now pending in C.R. no.11.
4 Since the property situated within the territorial
jurisdiction of Dindoshi court, the respondent in the year 2015
fled eight separate suits against each of the plaintif in City Civil
Court, Dindoshi branch for possession. On the application of the
plaintifs of six suits, by order dated 24th January,2018 out of
eight suits, these six suits came to be transferred from Dindoshi
Court to the court at Main branch where suit no.4726/11 is
pending.
5 Now, by way of present application, the applicant/
plaintif is seeking transfer of suit under caption to C.R. no.11
Main branch on the ground that the property in suit no.4726/11
and suit under caption is one and same, parties are also same.
Rather one suit is for declaration of ownership on the basis of
adverse possession and another suit is for recovery of
possession. It is also contended that out of eight suits, six suits
have been already transferred and therefore, remaining two suits
be transferred to C.R. no.11.
-- 2 of 6 --
3 TA12.20
6 Initially, the application is opposed on the ground that
the property is situated within the territorial jurisdiction of
Dindoshi Court. Lastly learned advocate for respondent
submitted to the orders of the court.
7 It is worthwhile to mention that in the case of Dadaji
Dhackjee & Co. Ltd. V/s. Neelam V. Rajani and Ors.
reported in 2016(1) ALL MR 426 and in case of Smt.
Manaharbala Jeram Damodar & anr. V/s. Prabhudas
Damodar Kotecha & Ors. reported in 2001(3) ALL MR 230
it has been held that in view of provision of Section 24 of Code of
Civil Procedure this court not being a Principal Court of original
justifcation, has no power to transfer any civil proceedings from
one court to another on the judicial side.
8 However, it is matter of record that suit no.4726/11
fled by the applicant and suits fled by the respondent against
each one of the plaintif of suit no.4726/11 is in respect of one
and same property. There is also no dispute that the issues in
suit no.4726/11 and other suits are same. The decision in suit
no.4726/11 will afect the decision of the suits fled by the
defendant. Thus, the suits are required to be heard and disposed
of by one court. But, the property is situated within the territorial
jurisdiction of Dindoshi Court whereas suit no.4726/11 is pending
for hearing in C.R. no.11 (Main branch.)
-- 3 of 6 --
4 TA12.20
9 I am told that the evidence in suit no.4726/11 has
already been concluded and the matter is likely to be taken up
for arguments. No doubt, the suits ought to have been heard
and disposed of by any of court of City Civil Court at Dindoshi as
the property is situated in the territorial jurisdiction of that court,
but, since the matter has been substantially heard by C.R. no.11
(Main branch) rather, other six similar suits are already
transferred to C.R. no.11 by the order of my predecessor and only
suit under caption alongwith suit no.3240/15 are pending at City
Civil Court, Dindoshi. Thus, much water has been fown. In view
of this development coupled with the fact that the learned
advocate for the respondent submitted to the order of court, I
think suit under caption which is required to be transferred to
C.R. no.11 (Main branch), where other seven suits are pending for
hearing. Therefore, this application treated the application on
administrative side and matter be transferred from the fle of City
Civil Court, Dindoshi branch to this court. Hence, the following
order:
O R D E R
Transfer Application No.12/2020 is allowed.
S.C. Suit No. 3236/15 stands transferred from City
Civil Court, Dindoshi branch to C.R.11 (Main branch) .
-- 4 of 6 --
5 TA12.20
Concerned Courts be informed accordingly.
05/02/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 05/02/2020
Transcribed on : 05/02/2020
Signed by H.H.J. on : 06/02/2020
-- 5 of 6 --
6 TA12.20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 10/02/2020 (11.40 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 5th February,2020
Order signed by P.O. on 7th February,2020
Order uploaded on 10th February,2020
-- 6 of 6 --