Final Order 1

Order Details: Other
Pdf Text: 1 TA15.18
IN THE BOMBAY CITY CIVIL & SESSIONS COURT
AT BOMBAY
Transfer Application No.15 of 2018
In
L.C. Suit No.3238 of 2015
India Finance and Construction
Company Pvt. ..Plaintiff
V/s.
Hasmukh V. Shah
& anr. ..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 24th January,2018
(C.R.No.19)
Advocate Mr.Saurabh Patil for applicant/plaintiff.
Advcate Ms.Anita Trivedi for respondent/defendants.
O R A L O R D E R
In this application, the applicant/plaintiff has prayed for
transfer of his suit No. 3238/2015 from C.R. No.7, City Civil Court,
Dindoshi Branch to C.R. No.11, City Civil Court, Main Branch where
respondent's suit No. 4726/2011 is pending on the ground that the
subject matter and the parties are the same.
2 The respondent/defendant in his reply strongly opposed
the application on the ground of delay in filing the present application
and different stages in both the suits. It is further stated that Suit
No.4726/2011 is made time bound by the order of Hon'ble High Court.
3 I have considered the submissions made on behalf of both
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2 TA15.18
the parties.
4 At the outset, suit No. 4726/2011 is filed by the respondent
herein against the applicant for adverse possession, while the suit
bearing No. 3238/2015 is filed by the applicant herein to declare the
respondent/defendant as a trespasser. Admittedly, the suit property in
both the suits is the same. In order to avoid inconsistent findings by
two different court as regards the right, title and interest of the parties
in the same subject matter, it is necessary that both the suits be tried in
the same court. It is within the jurisdiction of the concerned court to
decide as to whether both the suits be tried together with full regard to
the order of Hon'ble High court by which the suit bearing no.
4726/2011 is made time bound. In view of the above, I pass following
order:
O R D E R
1) Transfer Application No.15/2018 is allowed.
2) Suit No.3238/2015 is withdrawn from C.R. No.7, City Civil
Court, Dindoshi Branch and is transferred to Court No. 11,
City Civil Court, Main Branch where Suit No.4726/11 is
pending.
24/01/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 24/01/2018
Transcribed on : 24/01/2018
Signed by HHJ on : 24/01/2018
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3 TA15.18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: Mrs.Aruna S. Jayade
Upload date and time: 29/01/2018 (At 11.30 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs.P.V.GANEDIWALA(C.R.No.19)
Date of Pronouncement of Order 24th January,2018
Order signed by P.O. on 25th anuary,2018
Order uploaded on 29th January,2018
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