Final Order 1

Order Details: Other
Pdf Text: 1 TA258.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.258 of 2019
In
S.C. Suit No.7581 of 2004
(High Court Suit No.3229 of 2004)
Bhajan Singh & Ors. ..Applicants/plaintiffs
V/s.
Dilip Motumal Duhilani ..Respondent/defendant
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 27th November,2019
(C.R.No.19)
Advocate Me.Eknath Dhokle h/f. Abdi & Co. for applicants.
Advocate Ms.Prerna Dhoke i/b. Advocate Mr.P.G. Lad for respondent.
O R A L O R D E R
Read application. Read say of respondent. Heard both the
sides.
2 By the present application, the applicants have prayed to
transfer S.C. Suit No.7581/04 (High Court suit no.3229/04) from C.R.
No.2 to C.R. No.9.
3 It appears that a suit of similar nature bearing no.9376/95
filed by the respondent/defendant herein is transferred to C.R. no.9
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pursuant to order No.66 of 2019 of this court, on the ground of senior
citizen. No prejudice would be caused to the respondent/defendant if the
same were clubbed.
4 Mr.Eknath Dhokle, learned counsel for applicant submits that
suit no.9376/95 is transfered to C.R. no.9 on the ground that parties to the
suit being senior citizens.
5 Ms.Prerna Dhoke, learned counsel for respondent, has 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
respondent has given no objection to get both 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.
8 In view of above, I pass the following order:
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3 TA258.19
O R D E R
Transfer Application No.258/19 is allowed.
S.C. Suit No.7581/04 (High Court suit no.3229/04) pending
in C.R. no.2 stands transferred to C.R.9.
Concerned Courts be informed accordingly.
27/11/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 27/11/2019
Transcribed on : 27/11/2019
Signed by H.H.J. on : 27/11/2019
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4 TA258.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 27/11/2019 (5.15 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 27th November,2019
Order signed by P.O. on 27th November,2019
Order uploaded on 27th November,2019
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