Final Order 1

Order Details: Other
Pdf Text: 1 TA273.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.273 of 2019
In
S.C. Suit No.3787 of 2018
Sujata Raghuvir Bhawsar ..Applicant/plaintiff
V/s.
Rajesh Shrikrishna Bhavsar
& anr. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 19th December,2019
(C.R.No.19)
Advocate Ms.Iswari Sabatra for applicant.
Advocate Mr.Vikas Rele for respondent no.1.
Advocate Mr.S.P. Patankar for respondent no.2.
O R A L O R D E R
Read application. Read reply of respondent no.1(Exh.5) and
respondent no.2 (Exh.3). Heard both the sides.
2 By the present application, the applicant has prayed to transfer
Suit No.3787/18 pending in C.R. no.4 (Dindoshi Court) to C.R. No.7 (main
branch) where Suit no.4769/07 is pending.
3 It appears that parties in above mentioned suits are same.
The main issue involved is entitlement of the properties of deceased
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parents by their legal heirs and their proportionate partition.
4 Respondent no.1 filed his (Exh.5) reply and opposed the
application. He submits that in suit bearing no.3787/18 filed by the
applicant before Dindoshi Court , this respondent has taken out a Notice of
Motion for stay of said suit being subsequent suit and Notice of Motion,
taken out by the applicant be stayed till disposal of Suit no.4769/07.
5 Respondent no.2 has submitted to pass necessary order.
6 It is worthwhile to mention that 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.
7 It appears that the two separate suits have been filed for
partition and separate possession. In Suit No.3787/18 unlike Suit
No.4769/07 leaving the property situated within the territorial jurisdiction
of City Civil Court, Main branch, partitioned for the property situated with
the territorial jurisdiction of the City Civil Court, Dindoshi Branch is
claimed. Be that as it may, but fact remains that in both the suits, the
plaintiffs who are sisters of the defendant have claimed partition. So all
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the property mentioned in Suit no.3787/18 is also subject matter in suit
no.4769/07. As well as issues in both the suits would be the same,
between the same parties. Therefore, for maintaining judicial propriety, it
would be in the interest of justice that both suits be dealt by the one court.
8 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.
9 In view of above, I pass the following order:
O R D E R
Transfer Application No.273/19 is allowed.
S.C. Suit No.3787/18 pending in C.R.4 (Dindoshi Branch)
stands transferred to C.R.7(Main Branch).
Concerned Courts be informed accordingly.
19/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 19/12/2019
Transcribed on : 20/12/2019
Signed by H.H.J. on : 21/12/2019
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4 TA273.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 24/12/2019 (1.00p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 19th December,2019
Order signed by P.O. on 21st December,2019
Order uploaded on 24th December,2019
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