Sudha Ashok Chowgule v. Indu Parmanand Patel

Shantanu Dhudum 38-MCA-147-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.05.03 11:12:42 +0530 MISCELLANEOUS CIVIL APPLICATION NO. 147 OF 2024 SHANTANU SHANKARSA DHUDUM Sudha Ashok Chowgule ....Applicant

Versus

Indu Parmanand Patel ....Respondent ----- Mr. Ashish Kamat a/w Mr. Kunal Mehta , Mr. Jay Zaveri and Ms. Tavleen Saini i/b Crawford Bayley Co., Advocate for the Applicant. Mr. Jamshed Master a/w Mr. Gaurav Suryawanshi, Advocate for the Respondent No.2.

----- CORAM : SHIVKUMAR DIGE, J.

DATE : 30th APRIL, 2024.

P.C. :

1.

By this application, Applicant is seeking transfer of Suit No.2435 of 2005 pending before the City Civil Court to Original Side, High Court, Mumbai.

2.

Learned counsel for the Respondent No.2 who is contesting Respondent and Original Plaintiff No.2, in the suit has no objection for the transfer.

3.

Learned counsel for the Applicant submits that by the order 1/2

Shantanu Dhudum 38-MCA-147-2024.doc dated 17th November, 2015 (Coram: S. C. Gupte, J), direction was given to try both the Suits together.

4.

Considering the submissions of both learned counsel, I pass following order;

ORDER

i. The Suit No. 2435 of 2005 pending before City Civil Court be transferred to Bombay High Court (Original Side), where the Testamentary Suit No.60 of 2009 is pending and be tagged along with the Suit No. 2435 of 2005.

.

The Miscellaneous Civil Application stands disposed of.

(SHIVKUMAR DIGE, J.) 2/2