Final Order 1

Order Details: Other
Pdf Text: 05/04/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
T.A. 38/18 None present for applicant.
Adv. Sayyed Bukhari for respondent present.
Kept back.
Later on.
Same appearances.
The applicant sought bringing all the six suits in one Court in order to
avoid inconsistent findings pertaining to the right, title and interest of
the parties with respect to the suit property. I have perused the
application, reply and considered the submissions of both the parties.
At the outset, the suit with same subject matter and parties i.e. suit
No.2374/11, 55/16 and 342/09 are already in C.R.No.3.
While suit No.66/07 in which the applicant in not the party and
therefore no question of transferring the same.
Suit No.1178/08 is filed by the applicant against the MCGM. As the
parties and the cause of action is not similar and therefore no question
of transferring the same from the Corporation Court.
Suit No.99/09 is filed by the applicant to restrain the respondent in
carrying out the construction activity at the suit premises. This suit is
between the same parties with respect to the same property and hence
needs to be transferred to C.R.No.3. Hence I pass the following order.
O R D E R
Suit No.99/09 be withdrawn from C.R.No.2 and made over to
C.R.No.3.
Principal Judge,
Gr. Mumbai.
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