Final Order 1

Order Details: Other
Pdf Text: 1 TA26.20
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No. 26 of 2020
In
S.C. Suit No. 1420 of 2017
Ataullah s/o. Ajimullah Khan ..Applicant/Plaintiff
V/s.
Shafayat Ali s/o. Ajimullah Khan
& Ors. ..Respondents/Defendants
Coram : H. H. THE PRINCIPAL JUDGE
M. W. CHANDWANI
Dated : 17th February,2020
(C.R.No.19)
Advocate Ms.Richa Singh for applicant.
Advocate Mr.U.V. Singh for respondent nos.1 and 2.
Advocate Mr.Mukesh S. Dubey for respondent nos.3 to 7.
O R A L O R D E R
Read application. Heard both the sides.
2 By the present application, the applicant has prayed for
clubbing of Suit No.182/15 and 1420/17 in one court.
3 It is contended that suit no.1420/17 for cancellation of Gift
Deed was pending on the file of C.R. no.4 and suit no.182/15 for partition
pending on the file of C.R. no.3. Since parties in both the suits are same
and property involved is also same, the application of the applicant was
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allowed by my predecessor vide order dated 30th October,2018 and
transferred suit no.1420/17 in C.R. no.3. It is contended that thereafter
due to constitution of special court for senior citizens, suit no.182/15 came
to be transferred to C.R. no.7 and suit Suit no.1420/17 remained in C.R.
no.3. Hence, this application.
4 Learned advocate for the respondent submitted to the order of
court.
5 It is worthwhile to mention that 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 justification, has
no power to transfer any civil proceedings from one court to another on the
judicial side.
6 Since my predecessor by its order dated 30th October,2018 has
held that both suits are required to be tried by same Presiding Officer since
suit no.182/15 is transferred to C.R. no.7, the court constituted for senior
citizens, therefore suit no.1420/17 is also required to be transferred to C.R.
no.7 since one of the party is also senior citizen. The application is not
seriously objected by the respondents. This application be treated as
application on administrative side. Hence, the following order:
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O R D E R
1 T. A. No. 26/2020 is allowed.
2 Suit No. 1420/17 is withdrawn from C. R. No.3 and made over
to C. R. No.7.
3 Concerned courts be informed accordingly.
17/02/2020 (M. W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 17/02/2020
Transcribed on : 18/02/2020
Signed by H.H.J. on : 26/02/2020
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4 TA26.20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 27/02/2020 (12.39 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 17th February,2020
Order signed by P.O. on 26th February,2020
Order uploaded on 27th February,2020
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