Final Order 1

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IN THE COURT OF SESSIONS FOR GR.BOMBAY
Transfer Application No.22 of 2019
Smt.Lata Digambar Kaddi ..Applicant/Plaintiff
V/s.
Smt.Varsha Diwakar Wakode
& Ors. ..Respondents/Defendants
Coram : H.H.THE PRINCIPAL JUDGE
SHRI V.G. BISHT
Dated : 25th March,2019
(C.R.No.19)
Advocate Mr.Jaydev Trivedi for applicant.
Mr.Ramesh Sarode, Secretary of respondent no.4 present.
O R A L O R D E R
Read application. Read reply.
2 The present application is filed by the applicant to transfer
suit no.292 of 2015 pending in C.R. No.1(at Dindoshi) to any other court.
3 It appears that the plaintiff has filed the suit against
defendants for declaration that applicant is entitled to get 1/3rd share in
the suit premises i.e. room no.A3, Guru Kripa Housing Society Ltd., Gorai
(2) CHS, plot no.162, road no.24, RWard, Gorai, Borivali(W), Mumbai92.
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4 It is submitted that during the pendency of the suit, the three
Notice of Motions were taken out by the parties. It is further submitted
that when the learned counsel asked for arguments, the court stated that
he will pass necessary orders in Notice of Motions.
5 Mr.Jaydev Trivedi, learned counsel for the applicant,
submitted that all the three Notice of Motions came to be decided without
giving an opportunity of hearing to them. Even the orders so passed suffer
from errors, omissions and defects, argued learned counsel. Since
according to the learned counsel, concern Presiding Officer is already
prejudiced, there is every likelihood of not getting justice.
6 Mr.Ramesh Sarode, Secretary of respondent no.4, filed reply
(Exh.3) and prayed to pass necessary order.
6 From the contents of the application and as also submissions
made before me, it appears that the applicant was not given any
opportunity of hearing before passing the order in the Notice of Motions.
It may be noted here that the applicant has already filed on record the
orders passed by the Presiding Judge in the Notice of Motions.
7 Careful perusal of the orders passed in Notice of Motions,
would reveal that both the parties were duly heard by Learned Presiding
Judge before passing the impugned order. So also this court has also gone
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through the roznama dated 14th August,2018 when the matter was
purportedly kept for arguments of both the parties. The roznama clearly
shows that the learned counsel for the plaintiff and defendant no.1 were
duly heard by the Learned Presiding Judge. Thus, not only the roznama
but also the impugned order unequivocally show that the due opportunity
was given to either side. In the circumstances, it would not be proper on
the part of the applicant to say that no opportunity was given to advance
her submissions through her counsel.
8 So far as alleged errors, omissions and defects are concerned,
the same can be rectified by approaching/requesting the Presiding Officer
who passed the impugned order.
9 For the aforesaid reasons, I find no reasons to entertain
present application. Hence, the following order:
O R D E R
Transfer Application No.22 of 2019 stands rejected.
25/03/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 25/03/2019
Transcribed on : 26/03/2019
Signed by HHJ on : 26/03/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 27/03/2019 (12.15 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 25th March,2019
Order signed by P.O. on 26th March,2019
Order uploaded on 27th March,2019
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