Full Order Text
Final Order 1 · 04 Apr 2019 · CNR MHCC010011842019
Order Details: Other Pdf Text: 1 IN THE BOMABY CITY CIVIL COURT AT BOMBAY Transfer Application No.39 of 2019 In S.C. Suit No.582 of 2016 Smt.Jayshree Balkirshna Chavan ..Plaintiff V/s. Smt.Yashoda Tanaji Chavan & Ors. ..Defendants And S.C. Suit No.912 of 2016 Mrs.Shubhangi V. Nikte & anr. ..Plaintiffs V/s. Nitin Jivaji Ingle & anr. ..Defendants Coram : H.H.THE PRINCIPAL JUDGE SHRI V.G. BISHT Dated : 4th April,2019 (C.R.No.19) Advocate Mr.Sandeep Ghogre for applicant (defendant no.3 in Suit No.582/16 and defendant no.1 in suit no.912/16). Advocate Mr.Heramb Kadam for respondent nos.4 and 5. O R A L O R D E R Read application. Read reply and rejoinder. -- 1 of 4 -- 2 2 The present application is filed by the applicantoriginal defendant no.3 in Suit No.582/16 (pending in C.R. No.4) and defendant no.1 in Suit No.912/16 (pending in C.R. no.3) to club both the matters and try together. 3 It appears that the plaintiff has filed suit no.582/16 for declaration and share in respect of flat no.703, Amrutvel CHS Ltd., Ganesh Galli, Lalbaug whereas filed suit no.912/16 for partition and share in respect of same flat. It further appears that initially both suits were assigned in same court, however, later Suit No.582/16 was transferred to C.R. No.4. Hence, the present application. 4 Mr.Sandeep Ghogre, learned counsel for the applicant, submitted that since the subject matter in both the suit is same, the suit be tried together. 5 Mr.Heramb Kadam, learned counsel for respondent nos.4 and 5 submitted that the present application is taken out by a person who is defendant in both the suits and hence the present application is not maintainable as no harm is going to be caused to the present applicant. The prayers in both the suits are different and hence prayed for dismissal. 6 Earlier the suits were in one court. It is desirable, having regards to facts of both suits, that both the suit be tried by one court. No prejudice would be caused to respondents. Therefore, application merits -- 2 of 4 -- 3 consideration and deserves to be allowed. 7 In view of above, I pass the following order: O R D E R Transfer Application No.39 of 2019 is allowed. Suit No.916/2016 pending in C.R. No.3 stands transferred to C.R. No.4 for disposal in accordance with law. Both the courts be informed accordingly. 04/04/2019 (V. G. BISHT) Principal Judge, Gr.Bombay. Dictated on : 04/04/2019 Transcribed on : 04/04/2019 Signed by HHJ on : 04/04/2019 -- 3 of 4 -- 4 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographer: Mrs.Aruna S. Jayade Upload date and time: 04/04/2019 (5.30 p.m.) Name of the Judge H.H.THE PRINCIPAL JUDGE Shri V.G. BISHT(C.R.No.19) Date of Pronouncement of Order 4th April,2019 Order signed by P.O. on 4th April,2019 Order uploaded on 4th April,2019,2019 -- 4 of 4 --