Final Order 1

Order Details: Other
Pdf Text: 1 TA279.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.279 of 2019
In
S.C. Suit No.7685 of 1987
Tukaram Vithoba Devlekar ..Applicant/plaintiff
V/s.
Ramu Dadu Wakse (Deleted
since deceased)
1a Daji Ramu Wakse & Ors. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 16th December,2019
(C.R.No.19)
Advocate Mr.Gaikwad for applicant.
Advocate Mr.Dhamal for respondent no.1(a).
O R A L O R D E R
Read application. Read reply of respondent (Exh.3). Heard
both the sides.
2 By the present application, the applicant who is plaintiff in
S.C. Suit No.7685/87 sought transfer of the suit from C.R. No.12 to C.R.
No.29 on the ground that the matter has been substantially heard by
Presiding Officer of C.R. No.12 i.e. Ms.Ponkshe and now she is presiding
over C.R. No.42. Infact, Ms.Ponkshe is presiding over C.R. No.29 and not
C.R. no.42.
-- 1 of 4 --
2 TA279.19
3 The respondent no.1a, 1b and 1c have served and filed reply
denying all adverse allegations but gave no objection to transfer the suit.
Case against respondent nos.2 and 3 was already proceeded exparte.
4 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. Respondent has submitted to
pass necessary order.
5 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.
6 In view of above, I pass the following order:
O R D E R
Transfer Application No.279/19 is allowed.
-- 2 of 4 --
3 TA279.19
S.C. Suit No. 7685/87 pending in C.R.12 stands transferred
to C.R.29 .
Concerned Courts be informed accordingly.
16/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 16/12/2019
Transcribed on : 17/12/2019
Signed by H.H.J. on : 17/12/2019
-- 3 of 4 --
4 TA279.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 18/12/2019 (2.20 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 16th December,2019
Order signed by P.O. on 17th December,2019
Order uploaded on 18th December,2019
-- 4 of 4 --