Date: 09-09-2019
Business: Adv. Ms.Zuba i/b Adv. Shoaib Memon for applicant is present.
Adv. Mr.K. B. Adyanthaya for respondent/defendant is present and orally submitted that suitable order be passed.
Heard both the sides.
Adjourned to 13.09.2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Adv. Aiyaz Ansari i/b Adv. Shoaib Memon for applicant is present.
None present for respondent.
Read application supported by affidavit.
Heard Ld. Counsel for applicant.
Ld. Counsel for respondent submitted that having regard to facts and circumstances, necessary order be passed.
It appears that present applicant/plaintiff has filed Execution Application No.188 of 2017 which is pending in C.R. No.13.
Respondent/defendant has also filed Notice of Motion No.2779 of 2017 in the said execution application for setting aside the Judgment and Decree. The said Notice of Motion is pending in C.R. No.14.
Respondent/defendant again took out two Chamber Summons No.1353 of 2017 and 1354 of 2017 in the said Execution application which are pending in C.R. No.13.
Applicant wants that all the proceeding be heard by either of the Courts.
Strictly speaking although the present application is not covered under the ambit and scope of Section 24 of Civil Procedure Code but since the other side has no objection the present application, having regard to the nature of proceedings, can be treated as an application on the administrative side.
In view of the above, I pass the following order -
ORDER
Transfer Application No.207 of 2019 is allowed.
Notice of Motion No.2779/17 pending in C.R. No.14 stands transferred to C.R. No.13 where Execution Application No.188/17 and Chamber Summons 1353/17 and 1354/17 are already pending for adjudication.
Concerned Courts be informed accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 13-09-2019