Order 1

Order Details: Other
Pdf Text: 1 TA50.18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.50 of 2018
Deju S. Salian ..Plaintiff/respondent
V/s.
Amina Ishaqu & ors. ..Defendants/Applicants
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 14th March,2018
(C.R.No.19)
Advocate Mr.Mahesh Gawade for applicants.
Advocate Mr.B.P. Singh for respondent.
O R A L O R D E R
This is an application for transfer of the suit No.694/2017
pending in C.R. No.2 to C.R. No.8 where suit No.1638/17 is pending.
2 The applicants are stated to be the defendants in Suit
No.694/17. Suit No.694/17 is filed for injunction against the applicants
herein for restraining them from dispossessing the plaintiff. While Suit
No.1638/17 is filed against the Bombay Municipal Corporation
challenging notice under Section 351 of Mumbai Municipal Corporation
Act. The plaintiff and the properties involved in both the suits are the
same and the applicants pray to bring both the suits together to avoid
multiplicity of the proceedings.
3 I have heard ld.advocates Mr.Gawade for applicants and
Mr.Singh for respondent. Perused the application and the documents.
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4 At the outset, in both the suits, the nature of reliefs are
different, the defendants are different and the cause of actions are also
different. Therefore, there is no question of bringing both the suits
together. Hence, I pass the following order:
O R D E R
T.A. No.50/18 stands rejected.
14/03/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 14/03/2018
Transcribed on : 14/03/2018
Signed by HHJ on :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographers: Mrs.Aruna S. Jayade
Upload date and time: 15/03/2018 (12.30 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs.P.V.GANEDIWALA(C.R.No.19)
Date of Pronouncement of Order 14th March,2018
Order signed by P.O. on 14th March,2018
Order uploaded on 15th March,2018
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4 TA50.18
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