1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3230 OF 2008 IN SUIT NO.2502 OF 1988 WITH JUDGES ORDER NO.256 OF 2008 IN SUIT NO.2502 OF 1988 Rajendra Chunilal Mehta & Anr. ...Plaintiffs Vs. Smt. Chandrakala Gautamchand Galada & Ors. ...Defendants Mr.Joseph with Ms. K.A. Shah for Plaintiffs Mr.S.S.Murthy i/b. Mr. S.P.Srivastava for Applicant CORAM: SMT.ROSHAN DALVI, J. DATED: 16 TH SEPTEMBER, 2008 P.C. 1. Both these proceedings are in two separate Suits filed by parties, who are family members. The substantive Suit filed in High Court is Suit No.2502 of 1988. A Suit has been filed in the City Civil Court, Bombay being Suit No.4561 of 1988. 2. From 1988 to 2005 both the Suits remained in their respective Courts without objection. In 2005 the Defendants in Suit No.4561 of 1988 sought to have it transferred to this Court. The transfer application has been rejected essentially 2 on the ground that the application was made after 17 years of the filing of the Suit and when it became ripe for hearing. Hence, the rejection is primarily on the ground of lack of bonafides. The appeal filed therefrom has been dismissed by the Division Bench of this Court for want of jurisdiction. No appeal to the Supreme Court is filed. 3. This Notice of Motion before the co-ordinate Court is, therefore, not maintainable. Hence there will be no order in this Notice of Motion despite the fact that the Suits between the same parties relating to the same properties, must be tried before one Court and before one Judge as a matter of prudence as well as case management. 4. Since Suit No.4561 of 1988 is required to proceed in the City Civil Court in respect of one of the properties in the substantive Suit No.2502 of 1988, for which Court Receiver has been appointed, Court Receiver shall have to be made a party Defendant to that Suit so that all orders passed could be conveniently carried out by the Court Receiver. Consequently order in terms of the Judges Order is passed. 5. This order is stayed for two weeks. (SMT. ROSHAN DALVI, J.)