Final Order 1

Order Details: Other
Pdf Text: 1 TA50.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.50 of 2019
In
Suit No.4541 of 2012
Antonio Nativadade Timotio
Baretto & Ors. ..Applicants/plaintiffs
V/s.
Shree Krishna Enterprises ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 31st December,2019
(C.R.No.19)
Advocate Ms.Kajal Hindalekar i/b. Lex Firmus for applicants.
Advocate Mr.R.R. Mishra i/b. Raj Associates for respondent no.1 in Suit
No.4446/10 and respondent/defendant nos.1 to 3 and 5 in Suit
No.4541/12.
Respondent no.3 present.
O R A L O R D E R
Read application. Read reply (Exh.4) filed by respondents.
Heard both the sides.
2 By the present application, one of the plaintiff in Suit
No.4446/10 seeks transfer of Suit No.4541/12 from C.R. no.1 to C.R. no.2.
It is contended in the application that suit no.4446/10 is pending in C.R.
no.2 whereas Suit No.4541/12 is pending in C.R. no.1.
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3 It is contended that the Trustees of St. Antony Club and Club
of Dandevadcaresa public charitable Trust jointly purchased the property.
Some of the members executed Conveyance Deed on the alleged Power of
Attorney by two separate Deeds dated 28th July,1970. Merely because the
transfer was conveyed by two different Deeds, two different suits came to
be filed. One is filed by the Trustees of St.Antony Club and other one by
Club of Dandevadcares. Hence, it is desirable that both suits be heard by
one and same court.
3 The respondent has opposed the application by filing reply on
the ground that the same is misconceived and there is no justification for
filing separate suit one in year 2010 and another in 2012. It is also
contended that the application is made when the Hon'ble High Court
remanded the Notice of Motion and directed to reheard the same on
merits by C.R. no.1. It is alleged that with a purpose to avoid hearing in
C.R. no.1, seeks transfer of case to C.R. no.2. Hence, sought rejection.
4 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.
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5 However, it appears that the property was jointly purchased by
the Trustees of Club of St. Anthony and Trust of Dandevadcares plaintiff in
both the suits. In both the suits, the declaration is sought that Power of
Attorney dated 3rd May,2007 executed in favour of defendants is forged
and fabricated. The nature of suit is same. Rather most of the parties are
same. Just two different Conveyance Deeds are executed, they are
challenged by two different suits. To avoid controversy of judgments on
the same documents, I think it would be desirable that both suits be heard
by one court. Therefore, the present application can be treated as an
application given on the administrative side and in the administrative
capacity the undersigned, in order to meet the ends of justice, thinks it
proper to allow the application.
6 So far as submissions of learned advocate for respondent that
the hearing of Notice of Motion before C.R. no.1 is being avoided by
seeking transfer of suit from C.R. no.1 to C.R. no.2 is concerned, I think,
instead of transfer of Suit No.4541/12 from C.R. No.1 to C.R. no.2, the
transfer of suit No.4446/10 from C.R. no.2 to C.R. no.1 would suffice the
purpose. In view of this, I proceed to pass the following order:
O R D E R
Transfer Application No.50/19 is disposed of.
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Suit No.4446/10 pending in C.R.2 stands transferred to
C.R.1 .
Concerned Courts be informed accordingly.
31/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 31/12/2019
Transcribed on : 01/01/2020
Signed by H.H.J. on : 06/01/2020
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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:( 07/01/2020)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 31st December,2019
Order signed by P.O. on 6th January,2020
Order uploaded on 7th January,2020
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