Final Order 1

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IN THE COURT OF SESSIONS FOR GR.BOMBAY
Transfer Application No.37 of 2019
Chunilal Hajarimal Ranavat
(Since deceased) through his
legal heirs ..Applicant
V/s.
Hasan Parisian Hoosein ..Respondent
Coram : H.H.THE PRINCIPAL JUDGE
SHRI V.G. BISHT
Dated : 14th March,2019
(C.R.No.19)
Advocate Ms.Preeti Shah with advocate Ms.Preeti Sabne i/b. Mulla & Mulla
for applicant.
Advocate Ms.Bhagyalaxmi Rancha for respondent.
O R A L O R D E R
Read application. Read affidavit in reply (Exh.2).
2 The present application is filed by the applicant to transfer the
Chamber Summons No.257 of 2015 in Execution Application No.477 of
1993 in Summary Suit No.1853 of 1996 from C.R. No.14 to any other
court with a direction to expedite the hearing.
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3 According to applicant, he is diligently prosecuting the
Chamber Summons which was adjourned by the court for recording of
evidence. The evidence has already been recorded and closed. The
applicant also filed examinationinchief and compilation of documents in
the court on 5th December,2016 and thereafter, the matter was adjourned
from time to time for admission of the documents and crossexamination.
4 As the Presiding Judge (C.R.No.14) is busy with other matters,
his matter is not p4rogressing. Hence, the application.
5 Ms.Preeti Shah, learned counsel for the applicant submits that
the court is heavily burdened and because of that the matter in question is
not progressing at a desired speed. Therefore, according to her, matter
needs to be transferred to some other court.
6 Ms.Bhagyalaxmi, learned counsel for the respondent, on the
other hand opposed the application by contending that the application is
devoid of merits. She states that the applicant has already been cross
examined on two dates but thereafter the Hon'ble Court could not get time
to proceed with the matter for want of some other judicial work. She
states that the application is not maintainable and liable to be dismissed
with costs.
7 The only reason for making the present application appears to
be that the concerned court where the execution application is pending is
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overburdened and the court is not getting sufficient time to decide the
Execution Application. It is rightly pointed out by the learned counsel for
the respondent that even other courts are also overburdened.
8 In my considered opinion, the reason given by the applicant is
not sufficient to transfer the Execution Application to some other court.
However, the necessary direction to the concerned court wherein the said
Execution Application is pending can be given, so as to dispose of the
matter expeditiously.
9 In view of above, I pass the following order:
O R D E R
Transfer Application No.37 of 2019 is rejected.
However, the Learned Judge (C.R. No.14) is directed to
expedite the hearing of Execution Application No.477 of 1993.
Concerned court be informed accordingly.
14/03/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 14/03/2019
Transcribed on : 14/03/2019
Signed by HHJ on :
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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: 14/03/2019 (5.00 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 14th March,2019
Order signed by P.O. on 14th March,2019
Order uploaded on 14th March,2019
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