Dismissed

Sayyed Ismail Sayyed Peer Mohammad v. Jeelani Begum Gulam Jeelani Kadari

Bombay HC21 Jan 2013WP/573/2013

Case brief

AI extract

What is this about?

The High Court of Bombay Bench at Aurangabad dismissed a writ petition seeking transfer of a suit from Civil Judge (J.D.) to civil court with original civil jurisdiction (C.J.) (S.D.) for joint trial. The court rejected the request as the suits involved different properties and parties.

What did the court decide?

The application for transfer of the suit was rejected. The writ petition was dismissed. No costs awarded.

Sayyed Ismail Sayyed Peer Mohammad Vs Jeelani… — Civil Procedure and Limitation | Bombay HC (2013)

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1 W.P. 573.2013

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 573 OF 2013

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Sayyed Ismail Sayyed Peer Mohd. V/s Jeelanibegum Gulam Jeelani Kadari

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Office Notes,Office	Court's or Judge's orders
Memoranda of
Coram,appearances,	................................
Court's orders or	CORAM : S.V.GANGAPURWALA, J.
directions and
Registrar's orders	DATE : 21/01/2013.

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Mr. V.V.Bhavthankar, Advocate for the Petitioner.

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PER COURT :

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Heard Mr. Bhavthankar, the learned counsel for the petitioner.

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The application filed by the petitioner for transfer of Suit from the Court of Civil Judge (J.D.) to the Civil Judge (S.D.) Court, wherein another Suit bearing R.C.S. No. 260 of 2011 was pending, is rejected.

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Mr. Bhavthankar, the learned counsel for the petitioner submits that the suit properties in both the Suits are the same.

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2 W.P. 573.2013

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Even the plaintiff of R.C.S. No. 193 of 2011 is the defendant in R.C.S. No. 260 of 2011. The present petitioner is defendant in both the Suits. According to the learned counsel, to avoid conflicting decisions and for better recording of evidence, both the Suits are required to be tried jointly and in one Court. The learned counsel further submits that only because the State is the party in R.C.S. No. 260 of 2011, the matter is before the Civil Judge (S.D.) Court. According to the learned counsel, the District Court has not considered the said aspect.

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With the assistance of the learned counsel, I have gone through the Order.

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The suit property in R.C.S. No. 193 of 2011 is land admeasuring 1 H. 99 R. of G.No. 163, whereas the suit property in R.C.S. No. 260 of 2011 is shown as S.No. 54-A-A, G.No. 165 admeasuring 2 Acres 34 Gunthas. At some places, it is also stated land G.No. 163. The area of land in both the Suits is different. More over, the plaintiff of R.C.S. No. 260 of 2011 is not the party in R.C.S. No. 193 of 2011. The basic principle is that the Suit has to be tried by the Court of lowest jurisdiction.

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The District Court has considered the fact that the subject matter does not appear to be identical, so also the parties are not the same in both the Suit.

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3 W.P. 573.2013

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In light of the above, no case for interference is made out in the writ jurisdiction of this Court under Article 227 of the Constitution of India.

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The Writ Petition as such is dismissed. No costs.

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[ S.V.GANGAPURWALA, J. ]

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KNP/W.P. 573.2013

Sayyed Ismail Sayyed Peer Mohammad v. Jeelani Begum Gulam Jeelani Kadari

Case brief

What is this about?

What did the court decide?

Sayyed Ismail Sayyed Peer Mohammad v. Jeelani Begum Gulam Jeelani Kadari

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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