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DATE : 16 th July, 2019 P.C:-

1. This Transfer Application No.47 of 2016 has been filed by the applicant (original defendant in L.C.Suit No. 2605 of 2014 pending before the Bombay City Civil Court at Bombay). The reliefs sought in this application are to order and direct that Suit No.2605 of 2014 (pending in BCCC) be withdrawn / transferred to this Court and thereafter tagged with Suit No.1715 of 2012 which is pending in this Court and which has been filed by the applicant herein against the respondents.

(carpet area).

3. The learned Advocate appearing on behalf of the applicant submitted that subsequent suit filed in the BCCC by the respondents herein, namely, Suit No.2605 of 2014, is also between the same parties and the subject matter of this suit also is the aforesaid flat No.503. The learned Advocate submitted that even though the relief sought in the BCCC suit is different from the reliefs sought in the suit filed in the High Court, looking at the subject matter of the two suits and the parties being the same, common evidence would have to be led and it would be in the interest of all the parties if both the suits are heard together. Considering that the suit filed in this Court Sonali Kilaje 2 of 5 3-MCA-47-2016.doc cannot be transferred to the BCCC as it would lack pecuniary jurisdiction to entertain the same, a request is made to transfer the BCCC suit to this Court so that both the suits (Suit No.1715 of 2012 and Suit No.2605 of 2014) can be heard and disposed of together.

6. On being served with a copy of this order, the Registrar of the BCCC shall transfer all the papers and proceedings in Suit No.2605 of 2014 to this Court within a period of four weeks from today. It is further directed that the Registrar shall act on an authenticated copy of this order.

7. Once the papers and proceedings in Suit No.2605 of 2014 are received by this Court then both the Suits viz. Suit No. 2605 of 2014 and Suit No.1715 of 2012 shall be tagged together and heard finally. To proceed further in these matters, therefore, it is directed that once the papers and proceedings are received, place Suit No.1715 of 2012 on board for direction on 13/08/2019. The Registrar of the Sonali Kilaje 4 of 5 3-MCA-47-2016.doc BCCC shall transfer the papers and proceedings in Suit No.2605 of 2014 before the next date fixed by this Court.