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Court Order

Final Order 1

CNR MHCC01007427201903 Oct 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 03 Oct 2019 · CNR MHCC010074272019

Order Details: Other
Pdf Text: 1 TA171.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.171 of 2019
In
S.C. Suit No.2728 of 2018
And
S.C. Suit No.44 of 2019
Shivaji Sitaram Shenoy ..Applicant
V/s.
Ramdas Shivaji Shenoy ..Respondent
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 3rd October,2019
(C.R.No.19)
Advocate Mr.M.S. Mandavkar for applicant.
Respondent and advocate absent.
O R A L O R D E R
Read application. None present for respondent.
2 It appears that the present applicant has filed S.C. Suit
No.2728/18 against respondent/defendant which is pending in C.R. no.9.
It is further seen that respondent/defendant has also filed a suit bearing
Suit No.44/19 against the present applicant and the same is pending in
C.R. no.1. The subject matter in both the suits is 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.
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2 TA171.19
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.
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.171/19 is allowed.
S.C. Suit No.44/19 pending in C.R. No.1 stands transferred to
C.R.No.9.
Concerned Courts be informed accordingly.
03/10/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 03/10/2019
Transcribed on : 03/10/2019
Signed by HHJ on : 03/10/2019
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3 TA171.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 03/10/2019 (5.25 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 3rd October,2019
Order signed by P.O. on 3rd October,2019
Order uploaded on 3rd October,2019
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