Full Order Text
Order 1 · 18 Apr 2018 · CNR MHCC010048682018
Order Details: Other Pdf Text: 18/04/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE MRS. P.V. GANEDIWALA T.A. 134/18 Adv. Tapan Agarwal for applicant present. Adv. Kritika Sethi for respondent/defendant present. Adv. Sandeep Goyal for respondent/defendant present. Heard Ld. Counsels for the parties. It is submitted that all these suits are relating to the same property and substantially between the same parties. The suits are pending since 1979. It is submitted that originally these suits have been filed before the Hon'ble High Court and the same have been transferred to this Court in view of the enhancement of pecuniary jurisdiction of this Court. It is also informed that delay in these suit have been caused because of the transfer of these suits in this Court and records and proceedings were not traceable. In all the suits, the records have been directed to be reconstructed and the process of reconstruction is still going on. Suit No.106814/79 and 106815/79 are for specific performance of agreement to sale while suit No.106920/79 is a suit for partition. All these three suits are filed by the same plaintiff/purchaser. Suit No.106814/79 is pending in C.R.No.13 while other two suits are pending in C.R.No.3. It is also submitted that documents in both the suits will be same. In order to avoid conflicting decisions in these suit and for convenience of parties and the Court, it is necessary that all these three suits be tried in the same Court. Hence suit No.106814/79 is withdrawn from C.R.No.13 and made over to C.R.No.3 The Ld. Presiding Officer is requested to expedite the trial and to follow scrupulously the guidelines issued by the Hon'ble High Court for disposal of 40 years old matters. Principal Judge, Gr. Mumbai. -- 1 of 1 --