Final Order 1

Order Details: Other
Pdf Text: 1 T.A. 275/19
CNR No.MHCC010124692019
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.275 of 2019
In
Suit No.276 of 2019
Mrs. Indu Jagdish Chaurasia & Ors. .Applicants/plaintiffs.
V/s.
Mrs. Nirmala Gopal Chaurasis & 8 Ors. ..Respondents/defendants.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 20th January, 2020
(C.R.No.19)
Adv. Shama Khan for applicants.
None appeard on behalf of respondents.
O R A L O R D E R
By the present application, the applicants seek transfer of Suit
No.276/2019 from Court Room No.9 to Court Room No.4.
2. It is contended that two suits were filed by the plaintiffs,
which pertains to similar cause of action on similar ground and law
involved in both the suits are common. Therefore, both the suits be heard
by one Court. It is contended that initially both the suits were pending on
the file of Court Room No.4 and later on, the suit No.276/2019 was
transferred to Court Room No.9 as one of the defendant was senior citizen,
inspite of the fact that in another suit also one of the defendant is senior
citizen. Hence, sought transfer of the suit No.276/2019 to Court Room
No.4.
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2 T.A. 275/19
3. 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.
4. However, it appears that the special Court for disposing the
cases of senior citizens has been created. Pursuant to which, the suit
No.276/2019 was transferred to Court Room No.9 from Court Room No.4
and suit No.277/2019 remained in Court Room No.4. It appears that the
defendant No.1 in suit No.277/2019 is also senior citizen. Therefore, this
suit also be required to be transferred to Court Room No.9. Thus, instead
of transfer of suit No.276/2019 from Court Room No.9 to Court Room
No.4, it will be appropriate to transfer the other suit No.277/2019 to Court
Room No.9, which is special Court for senior citizens. Hence, I pass
following order. Hence, following order.
O R D E R
1. Transfer Application No.275 of 2019 is allowed.
2. Instead of transfer of suit No.276/2019 from Court Room
No.9 to Court Room No.4, the suit No.277/2019 is transferred
from Court Room No.4 to Court Room No.9.
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3. Concerned Courts be informed accordingly.
20/01/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 20.01.2020.
Transcribed on : 21.01.2020.
Signed by H.H.J. on : 21.01.2020.
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4 T.A. 275/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 21/01/2020 at 4.45 p.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 20.01.2020
Order signed by P.O. on 21.01.2020
Order uploaded on 21.01.2020
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