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Bombay High CourtNMT/156/2015disposed off

Kamlesh Chhotalal Parekh And ANR. v. Paresh Chhotalal Parekh And 2 ORS.

2016-06-21Hon'Ble Shri Justice G.S. Patel2 pages

81-NMT156-15.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 156 OF 2015 IN TESTAMENTARY SUIT NO. 47 OF 2012 IN TESTAMENTARY PETITION NO. 545 OF 2012 Kamlesh Chhotalal Parekh & Anr.

...Plaintiffs

Versus

Paresh Chhotalal Parekh & 2 Ors.

...Defendants None for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

21st June 2016 PC:- 1.

None for the Plaintiffs. The Notice of Motion seeks transfer of proceeding from the Bombay City Civil Court and their clubbing with the present proceedings. This is required to be an application under Section 24 of the Code of Civil Procedure, 1908, one that must be filed on the Appellate Side. I do not see how it is maintainable in this form. In any case, it will need to be assigned specifically to this Court.

21st June 2016

81-NMT156-15.DOC 2.

The Notice of Motion is disposed of with these observations with liberty to the Plaintiffs to make an appropriate application for the same reliefs and to obtain suitable directions. (G. S. PATEL, J.) 21st June 2016