Final Order 1

Order Details: Other
Pdf Text: 1 TA210.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.210 of 2019
In
S.C. Suit No.3337 of 2008
(High Court Suit No.521 of 2008)
Anjuman Firoz Khan ..Applicant/Plaintiff
V/s.
Halima Alimiya Shaikh
& Ors. ..Respondents/Defendants
Coram : H.H.THE SESSIONS JUDGE
V.G. BISHT
Dated : 22nd October,2019
(C.R.No.19)
Advocate Mr.Prakash Tiwari for applicant/plaintiff.
Advocate Ms.Radhika V. i/b. Advocate Mr.S.R. Patil for respondent/
defendant nos.1 to 3.
O R A L O R D E R
Read application. Read say of respondent nos.1 to 3. Heard
both the sides.
2 By the present application, the applicant has prayed to transfer
S.C. Suit Nos.3933/08 and 136/11 from C.R. No.2 to C.R. No.9.
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2 TA210.19
3 It appears that parties in above mentioned suit and in suit nos.
3933/08 and 136/11 is same. Earlier, all the three suits are pending in
C.R. No.2. All the suits are identical in nature. Pursuant to order No.66
of 2019 of this court, suit no.3337/08 is transferred to C.R. No.7 as one of
defendant is now a senior citizen. No prejudice would be caused to the
respondents/defendants if the same were clubbed.
4 Mr.Praksh Tiwari, learned counsel for applicant, submitted
that in all the suits, the relief sought by the parties is almost same. The
pleadings are also same.
5 Respondents have no objection to club the matters.
6 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, the
respondents have given no objection to get all the suits clubbed in one
court.
7 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.
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3 TA210.19
8 In view of above, I pass the following order:
O R D E R
Transfer Application No.210/19 is allowed.
S.C. Suit Nos.3988/08 and 136/11 pending in C.R. no.2 stand
transferred to C.R.9.
Concerned Courts be informed accordingly.
22/10/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 22/10/2019
Transcribed on : 22/10/2019
Signed by H.H.J. on : 22/10/2019
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4 TA210.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 22/10/2019 (5.30 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 22nd October,2019
Order signed by P.O. on 22nd October,2019
Order uploaded on 22nd October,2019
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