Final Order 1

Order Details: Other
Pdf Text: 1 TA120.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.120 of 2019
In
S.C. Suit No.445 of 2019
Maroof Ahmed Khan ..Applicant/Plaintiff
V/s.
Ishtiyak Ahmed Shaikh ..Respondent/Defendant
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 6th July,2019
(C.R.No.19)
Advocate Mr.Suraj Kudalkar for applicant/plaintiff.
Advocate Mr.Ajay Mishra for respondent/defendant.
O R A L O R D E R
Read application supported by affidavit. Read say (Exh.4) of
respondent. Heard both the sides.
2 According to applicant/plaintiff, the defendant/respondent has
filed Suit No.2880/16 against him which is pending in C.R. No.1. He has
also filed a suit bearing No.455/19 which is pending in C.R. No.3.
According to him, he being a senior citizen as per the office Court Order
No.66/2019 dated 4th April,2019, both the matters are required to be
reassigned to C.R. no.9 after clubbing the same in accordance with law.
Hence, the application.
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2 TA120.19
3 Defendant/respondent, on the other hand, opposed the
application contending that no prima facie case has been made out by the
plaintiff and no loss, harm or prejudice would be caused to him if relief, as
claimed by him, is not granted.
4 There is no dispute to the fact that the matters pertaining to
senior citizens have been transferred to C.R. no.9 for disposal in
accordance with law. It is not disputed that the present applicant/plaintiff
is also senior citizen and therefore, in normal course the suits ought to
have gone to C.R. no.9.
5 As far as clubbing of both the suits are concerned, the same
can be looked into by the concerned court once both the matters are
transferred to C.R. no.9.
6 Having regard to the fact that plaintiff/applicant is senior
citizen, both the above mentioned suits are required to be transferred to
C.R.no.9 dealing with matter pertaining to senior citizen.
7 In view of above, I pass the following order:
O R D E R
Transfer Application No.120 of 2019 is allowed.
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3 TA120.19
Suit no.2880/16 pending in C.R. No.1 and Suit No.445/19
pending in C.R. No.3 stand transferred to C.R. No.9.
Concerned courts be informed accordingly.
06/07/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 06/07/2019
Transcribed on : 06/07/2019
Signed by HHJ on : 06/07/2019
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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: 06/07/2019 (4.15 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 6th July,2019
Order signed by P.O. on 6th July,2019
Order uploaded on 6th July,2019
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