Final Order 1

Order Details: Other
Pdf Text: 13.09.2019
TA 207/19
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. V. G. BISHT (C.R. NO.19)
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.
Principal Judge,
Gr. Mumbai.
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