Full Order Text
Final Order 1 · 01 Aug 2019 · CNR MHCC010060222019
Order Details: Other Pdf Text: 1 TA141.19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Transfer Application No.141 of 2019 In S.C. Suit No.2459 of 2017 Mishrilal Jain ..Applicant/plaintiff V/s. Lalmiya Nawab Khan & anr. ..Respondents/Defendants Coram : H.H.THE PRINCIPAL JUDGE V.G. BISHT Dated : 1st August,2019 (C.R.No.19) Advocate Mr.Abdul Shaikh for applicant/plaintiff. Advocate Ms.Nilima Raut for respondent nos.1 and 2. O R A L O R D E R Read application. Read say of respondents. Heard learned counsel for both the parties. 2 It appears that the present applicant has filed S.C. Suit No.2459/17 against respondents/defendants which is pending in C.R. no.7. It is further seen that defendants in the said suit has also filed a suit bearing Suit No.2583/16 against the present applicant and the same is pending in C.R. no.2. The subject matter in both the suits is one and the -- 1 of 4 -- 2 TA141.19 same. In order to save the time of the court and as also of the parties, it is necessary that both the suits be heard by either of the court. 3 Strictly speaking, in view of provision of Section 24 of Code of Civil Procedure this court not being a Principal Court of original justification, has no power to transfer any civil proceedings from one court to another on the judicial side. However, in the present case, not only the respondents have given no objection but the Presiding Officer of C.R. No.7 vide order dated 11th February,2019 directed both the parties to get both the suits clubbed in any one court. 4 In view of above, the present application can be treated as an application given on the administrative side and in the administrative capacity the undersigned, in order to meet the ends of justice, thinks it proper to allow the application. 5 Hence, the following order: O R D E R Transfer Application No.141/19 is allowed. S.C. Suit No.2459/17 pending in C.R. No.7 stands transferred to C.R.No.2. -- 2 of 4 -- 3 TA141.19 Concerned Courts be informed accordingly. 01/08/2019 (V. G. BISHT) Principal Judge, Gr.Bombay. Dictated on : 01/08/2019 Transcribed on : 01/08/2019 Signed by HHJ on : 01/08/2019 -- 3 of 4 -- 4 TA141.19 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographer: Mrs.Aruna S. Jayade Upload date and time: 02/08/2019 (10.30 a.m.) Name of the Judge H.H.THE PRINCIPAL JUDGE Shri V.G. BISHT(C.R.No.19) Date of Pronouncement of Order 1st August,2019 Order signed by P.O. on 1st August,2019 Order uploaded on 2nd August,2019 -- 4 of 4 --