Final Order 1

Order Details: Other
Pdf Text: 1 TA 291/19
CNR No.MHCC010132422019
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.291 of 2019
In
Suit No.365 of 2015
Shri Suhas L. Manjrekar ..Applicant.
V/s.
Mrs. Vasudha Daji Shetge ..Respondent.
AND
Suit No.3054 of 20191
Mrs. Vasudha Daji Shetge ..Plaintiff.
V/s.
Shri Suhas L. Manjrekar ..Defendant.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 18th January, 2020.
(C.R.No.19)
Adv. Nitin Parkhe I/b Adv. S.V. Parkhe for applicant.
Adv. P.G. Parkar for respondent.
O R A L O R D E R
By the present application, the applicant is seeking transfer of
Suit No.365/2015 from Court Room No.7 to Court Room No.9.
2. It is contended that initially both under captioned suits were
pending in the Court, later on the separate Courts were formed for Senior
Citizen and therefore, Suit No.365/2015 is transferred to Court Room No.7
and Suit No.3054/2014 is transferred to Court Room No.9. It is contended
that both these matters are regarding the same room and the parties are
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also same. Therefore, both the suits are regarding same property and to be
tried by common evidence and common judgment. Hence, this application.
4. The learned advocate for respondent appeared and submitted
to the order of the Court.
5. 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.
6. However, the suit No.365/2015 is in respect of possession of
the suit premises, whereas the earlier suit No.3054/20191 is in respect of
injunction asking for not to evict without following due process of law,
between the same parties for the same property. To avoid contrary findings
and to maintain judicial propriety, it is desirable that both the suits should
be heard by one and same Court. Therefore, the present application can be
treated on administrative side. Hence, I pass following order.
O R D E R
1. Transfer Application No.291/2019 is allowed.
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2. The Suit No.365/2015 is withdrawn from Court Room
No.7 and is transferred to Court Room No.9.
3. Concerned Courts be informed accordingly.
18/01/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 18.01.2020.
Transcribed on : 18.01.2020.
Signed by H.H.J. on : 21.01.2020.
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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 2.46 p.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 18.01.2020
Order signed by P.O. on 21.01.2020
Order uploaded on 21.01.2020
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