Final Order 1

Order Details: Other
Pdf Text: 1 TA212.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.212 of 2019
In
Suit No.99 of 2013
Daksharaj S. Shetty ..Applicant/plaintiff
V/s.
Mrs.Chandrakant w/o. Dakshraj
Shetty ..Respondent/defendant
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 2nd January,2020
(C.R.No.19)
Advocate Mr.Ravindra Singh i/b. Advocate Mr.A.M. Sarogi for applicant.
Advocate Ms.Janhavi Karnik for respondent.
O R A L O R D E R
Read application. Perused reply (Exh.3) filed by respondent.
Heard both the sides.
2 By the present application, the applicant seeks transfer of Suit
No.104/13 pending in C.R. No.9 and Suit No.19/13 pending in C.R. no.1.
3 It is contended that suit no.104/13 is filed by the mother of
the applicant against him and his wife praying to restrain the applicant and
his wife from disturbing possession over flat no.A/11, Powai Kundalini
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2 TA212.19
CHS Ltd., opposite IIT Market, Powai, Mumbai whereas suit no.99/13 is
filed by the applicant against his own wife in respect of flat no.201, 2nd
floor, Divine Apartment, opposite IIT Powai, Mumbai. It is contended that
most of the parties in both the suits are common and amongst family
members. Hence, it is desirable to try both the matters by one and the
same court.
4 The application is opposed on the ground that both the
matters are different and the application is filed to prolong the trial and
sought rejection of the application.
5 Perused the plaint of both the suits. Evidently, the property in
both the suits are different, and the parties in both suits are not same.
Rather, in Suit No.99/13, the plaintiff of suit no.104/13 is not a party at
all. Be that as it may, it is matter of record that both the suits are filed
under different cause of action and the property in both suits are different.
Both suits can be disposed of independently.
6 Even otherwise in view of 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.
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7 In view of above, no case is made out for transfer. Hence, the
following order:
O R D E R
Transfer Application No.212/19 stands rejected.
02/01/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 02/01/2020
Transcribed on : 02/01/2020
Signed by H.H.J. on : 06/02/2020
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4 TA212.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time:( 07/01/2020)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 2nd January,2020
Order signed by P.O. on 6th January,2020
Order uploaded on 7th January,2020
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