Petitioner challenged an order transferring eleven suits raising the same issue to a single Civil Court. The High Court held that transfer avoids conflict of decisions and allowed it, finding no grounds for writ jurisdiction interference, dismissing the petition.
Writ Petition dismissed.
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28.10.2015
WP-5038-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5038 OF 2014
M/s. Bombay Interstate Transport and others .. Petitioners Versus Parwan Constructions Pvt. Limited .. Respondents
Mr. Shishir Joshi i/by Ms. Swapna Roopavate, for the Petitioners. Mr. V. R. Walavalkar i/by Mr. S. R. Bhalekar, for the Respondents.
CORAM : R.M. SAVANT, J. DATE : 28th OCTOBER, 2015
P.C.
1. The Writ Jurisdiction of this Court is invoked against the order dated 30.07.2013 passed by the Learned Principal Judge of the City Civil Court allowing the Transfer Application No.181 of 2013 filed by the Plaintiffs in various suits. By the said application, the Plaintiff sought the transfer of eleven suits filed by him and which were pending in various Courts in the City Civil Court to one Court. It seems that there are five counterclaims filed by the Defendants in the said suits. The suits as well as the counterclaims pertain to the same property being the larger property of the Plaintiff on which the galas occupied by the various Defendants are situated. The Learned Principal Judge having regard to the said fact deemed it appropriate to allow the Transfer Application No.181 of 2013
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28.10.2015
WP-5038-14.doc
and thereby transferred all the suits to one Court. It is well settled that the matters involving the same issue can be transferred to a single Court for a more convenient and advantageous disposal of the matters and also to avoid a conflict of decisions. In my view, having regard to the facts as aforestated, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.
[R.M. SAVANT, J]
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3 issues framed by the court
Whether the High Court could interfere in the Principal Judge of the City Civil Court's order allowing the transfer of eleven suits to a single court.
If the learned Principal Judge passed the order correctly under settled law regarding convenience and avoiding conflict of decisions.
Whether the facts established a case for interference in the Writ Jurisdiction of this Court.
M/s. Bombay Interstate Transport and others
Parwan Constructions Pvt. Limited
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court