Final Order 1

Order Details: Other
Pdf Text: 1 TA173.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.173 of 2019
In
S.C. Suit No.1651 of 2014
Sudhir Shantaram Pawar ..Applicant/plaintiff
V/s.
Ramakant Shantaram Pawar ..Respondent/defendant
And
L.C. Suit No.795 of 2014
Ramakant Shantaram Pawar ..Plaintiff
V/s.
Maharashtra Housing & Area
Development Authority & Ors. ..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 18th December,2019
(C.R.No.19)
Advocate Ms.Savita Suryawanshi i/b. Advocate Mr.D.G. Rangras for
applicant.
Advocate Mr.Mangesh Bansode I/b. Ms.Law Loyal for respondent no.1 in
Suit No.1651/14 and respondent/plaintiff in Suit no.795/14.
Respondent nos.2 and 3 absent.
O R A L O R D E R
Read application. Perused reply filed by respondent no.1.
Heard both the sides.
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2 TA173.19
2 By the present application, the applicant is seeking transfer of
S.C. Suit No.1651/14 from C.R. No.4 to C.R. No.12 on the ground that the
documents tendered by respondent in his evidence in both the suits i.e. suit
no.1651/14 filed by him and L.C. Suit No.795/14 filed by his brother
Ramakant are virtually same. The applicant further states that in suit
no.1651/14 filed by him, the MHADA is not joined as party defendant
because he is not disputing the certified list of tenants and occupants on
the property prepared by MHADA. The applicant further states that in the
interest of justice suit no.1651/14 needs to be transferred from C.R. no.4
to C.R. no.12 as suits against Government are assigned to C.R. no.12 only.
3 It is worthwhile to mention that in the case of Dadaji
Dhackjee & Co. Ltd. V/s. Neelam V. Rajani and Ors. reported in
2016(1) ALL MR 426 and in case of Smt. Manaharbala Jeram
Damodar & anr. V/s. Prabhudas Damodar Kotecha & Ors. Reported in
2001(3) ALL MR 230 it has been held that 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. Respondent no.1 has submitted
to pass necessary order.
4 However, perusal of record shows that in Suit No.795/14 the
respondent prayed for deleting the name of the applicant from the list of
the occupant of the suit flat and in Suit No.1651/14 the applicant has
prayed for declaration as joint owner of the said flat. Thus, in both the suit
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3 TA173.19
the crux of the matter is same. Therefore, to maintain judicial propriety it
is desirable both suits be tried together by one court. 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 In view of above, I pass the following order:
O R D E R
Transfer Application No.173/19 is allowed.
S.C. Suit No. 1651/14 pending in C.R.4 stands transferred to
C.R.12 to be tried together with Suit No.795/14.
Concerned Courts be informed accordingly.
18/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 18/12/2019
Transcribed on : 19/12/2019
Signed by H.H.J. on : 21/12/2019
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4 TA173.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 24/12/2019 (10.30a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 18th December,2019
Order signed by P.O. on 21st December,2019
Order uploaded on 24th December,2019
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