Final Order 1

Order Details: Other
Pdf Text: 08/04/2019 CORAM : HIS HONOUR THE PRINCIPAL JUDGE
SHRI. V.G.BISHT
T.A. 88/19 Adv. Saiprasad Dudhane for applicant/defendant present.
Mr. Atul Bedekar, Director of respondent/plaintiff present.
Read application. The other side has no objection for the
transfer application.
It appears that in Suit No.9999/89 and CC No.5/2009
(newly numbered) was finally heard by Shri Yawalkar the then
Judge of C.R.No.31 and the matter was posted for judgment on
20/03/2019. However, it seems that, meanwhile the Ld. Judge
got transferred to C.R.No.49 and the matter could not be
decided.
Now both the parties want that since the matter was
wholly heard by Shri Yawalkar, it is necessary that the matter be
transferred to his Court so that he can deliver the judgment in the
case.
Since the suit was finally heard on merits by Ld. Judge who
was then presiding C.R.No.31 and the fact that before delivering
judgment he was transfered to C.R.No.49, in the facts and
circumstances of the case it is necessary that the suit be decided
by Ld. Judge only as he has already heard the final arguments of
both the parties.
In view of above, I pass the following order.
O R D E R
Application is allowed.
Suit No.9999/89 and CC No.5/09 (newly numbered) stand
transferred from C.R.No.31 to C.R.No.49 presided over by Shri
Yawalkar for disposal in accordance with law.
Concerned Courts be informed accordingly.
Principal Judge,
Gr. Mumbai.
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