Final Order 1

Order Details: Other
Pdf Text: 1 TA22.20
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.22 of 2020
In
S.C. Suit No.191 of 2020
Mrs.Soni Narwani ..Applicant/plaintif
V/s.
M/s.Jaydeep Developers
..Respondent/defendant
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 31st January,2020
(C.R.No.19)
Advocate Mr.Ravindra Singh i/b. advocate Mr.Ashok Saraogi for
applicant.
Advocate Ms.Shruti Tulpule a/w. advocate Ms.Radha Kapadia i/b.
Thakore & Jariwalla for respondent.
O R A L O R D E R
Read application. Perused the reply fled by the
respondent. Heard both the sides.
2 By the present application, the applicant who is
plaintif in suit, seeks transfer of suit Nos.191 and 192 of 2020
from C.R. No.4 to C.R. no.3 or Suit nos.193 and 194 of 2020 from
C.R. no.3 to C.R. no.4.
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2 TA22.20
3 In view of 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.
4 However, it appears that the facts of all the suits are
similar, rather diferent members of family have agreed to
purchase the property from the defendants who are common in
all the suits. Just because the diferent agreements came to be
executed, the suits were assigned in diferent courts.
5 To avoid contrary judgment on same set of facts and
to maintain judicial proprietary, in my view, it is desirable that all
the suits be heard by one court. Therefore, the present
application treated to be from administrative side. Hence, the
following order:
O R D E R
Transfer Application No.22/2020 is allowed.
Suit nos.191/2020 and 192/2020 are withdrawn from
C.R. no.4 and transferred to C.R. No.3.
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3 TA22.20
Concerned Courts be informed accordingly.
31/01/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 31/01/2020
Transcribed on : 04/02/2020
Signed by H.H.J. on : 07/02/2020
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4 TA22.20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL 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 31st January,2020
Order signed by P.O. on 7th February,2020
Order uploaded on 10th February,2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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5 TA22.20
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 15/01/2020 (10.45 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 06th January, 2020
Order signed by P.O. on 10th January, 2020
Order uploaded on 15th January, 2020
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