Final Order 1

Order Details: Other
Pdf Text: 1 TA205.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.205 of 2019
In
S.C. Suit No.1120 of 2017
Abdus Samad A.A. Lakdawala ..Applicant
V/s.
Three View CoOperative Housing
Society Ltd. ..Respondent
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 11th October,2019
(C.R.No.19)
Advocate Mr.Ruturaj Joshi i/b. advocate Mr.S.S. Redekar for applicant.
None present for respondent.
O R A L O R D E R
Read application. None present for respondent.
2 It appears that the present applicant has filed Suit No.1120/17
against respondent/defendant for declaration and injunction of a hoarding
premises which is pending in C.R. no.1. The applicant has also filed Suit
No.60/16 against the Municipal Corporation challenging the notice of
demolition of hoarding structure and for restraining them from removing
the hoarding structure. The same is pending in C.R. no.6.
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2 TA205.19
3 Mr.Ruturaj Joshi, learned counsel for applicant, submits that
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.
4 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, respondent
and advocate absent.
5 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.
6 Hence, the following order:
O R D E R
Transfer Application No.205/19 is allowed.
S.C. Suit No.1120/17 pending in C.R. No.1 stands transferred
to C.R.No.6.
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3 TA205.19
Concerned Courts be informed accordingly.
11/10/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 11/10/2019
Transcribed on : 11/10/2019
Signed by HHJ on : 11/10/2019
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4 TA205.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 14/10/2019 (2.30 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 11th October,2019
Order signed by P.O. on 11th October,2019
Order uploaded on 14th October,2019
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