Final Order 1

Order Details: Other
Pdf Text: 1 TA 187/19
CNR No.MHCC010080412019
IN THE COURT OF CIVIL FOR GR.BOMBAY
Transfer Application No.187 of 2019
In
Suit No.211 of 2017
AND
Suit No.1602 of 2017
Ramesh Bhimji Patel & Ors. ..Applicants/plaintiffs.
V/s.
Rajni Talwar & Ors. ..Respondents/defendants.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 08th January, 2020
(C.R.No.19)
Adv. K.D. Shah for applicants.
None present for respondent Nos.1 to 4 & 7 to 9.
Adv. P.V. Bhagat for respondent No.5.
Adv. Aurelius D'Silva I/b PMM Co. for respondent No.6.
Adv. Sunil Raorane for respondent No.10.
O R A L O R D E R
Read application. Heard both the sides.
2. By the present application, the applicants who are plaintiffs in
Suit No.1602/2017, praying that Suit No.211/2017 pending in Court
Room No.01 and Suit No.1602/2017 pending in Court Room No.3 be
clubbed and ordered to be tried together or one after another.
-- 1 of 5 --
2 TA 187/19
3. It is contended in the application that in both of the suits,
plaintiffs and defendants are the same, except addition of respondent No.8
to 10 in subsequent suit No.1602/2017. It is contended that both the suits
are in respect of same property, rather suit No.1602/2017 is for
challenging the subsequent act of the defendants in suit No.211/2017
alongwith the defendant Nos.8 to 10. It is contended that both the suits are
filed for common cause of actions and in both the suits, there will be
common evidence. Therefore, to save the time and to avoid repetition of
evidence, both the suits be clubbed together and ordered to be tried by
either of the Court.
4. The respondents appeared. Except respondent No.5, all other
respondents consented for the prayer made by the applicants. Respondent
No.5 objected to the application on the ground that both the suits are filed
on different cause of action and in subsequent suit, three parties were
added. Therefore, it cannot be between the same parties. So, respondent
No.5 objected for the consolidation of the suits.
5. It appears that the first suit has been filed by the applicants for
direction to the defendant No.5 to renew the sublease, and in subsequent
suit, the applicants have challenged the Conveyance Deed between original
lessor. The property in both the suits are same and most of the parties are
same. Whether the common evidence should be recorded by consolidating
both the suits, is a question to be determined by the concern Court after
going through the pleadings.
-- 2 of 5 --
3 TA 187/19
6. It is matter of record that both suits are lying in different
Court. Learned Advocate for applicants submits that any of the suit may be
transferred to any of the Court and he will make application for the
consolidation of the suit in the said Court to which the learned Advocate
for respondent No.5 submitted to the order of the Court.
7. 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.
8. However, in view of the above peculiar circumstances, to
enable any of the Court to decide the question of recording of common
evidence by consolidating both the suits, it is desirable that the suit
No.1602/2017 be transferred to Court Room No.01. Therefore, by treating
this application on administrative side, I pass following order.
O R D E R
1. The Suit No.1602/2017 pending in Court Room No.03 be
transferred to Court Room No.01.
-- 3 of 5 --
4 TA 187/19
2. Concerned Courts be informed accordingly.
3. Accordingly, the application is disposed of.
08/01/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 08.01.2020.
Transcribed on : 08.01.2020.
Signed by H.H.J. on : 13.01.2020.
-- 4 of 5 --
5 TA 187/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 13/01/2020 at 03.01 p.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 08.01.2020
Order signed by P.O. on 13.01.2020
Order uploaded on 13.01.2020
-- 5 of 5 --