1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 1997 of 2009 in Suit No. 1465 of 1986 Rustom Boman Irani .. Plaintiff v/s. Municipal Corporation of Gr.Mumbai & Others ..Defendants Mr.Yatin R. Shah for the Applicant. Mr.S.K.Sen with Mr.S.A.K.Najam-Es-Saini i/b.Maneksha & Sethna for the Defendant No.10 Mr.Milind More AGP for Defendant nos.2 to 5 Mr.Parag Sharma i/b.Deepak Lad for Defendant no.6 Ms.Soni Awasthi i/b. V. Mistry & Co. for the Defendant No.8 CORAM : R.Y.GANOO, J. DATED : 1st July , 2010 P.C. : 1. The defendant no.10 has taken out this notice of motion for diverse reliefs concerning Short Cause Suit No.3256 of 2007 which is presently pending in the City Civil Court at Bombay. The said suit is filed by the person who is shown as plaintiff in the present suit. It is 2 also required to be noted that the subject matter of the strip of land about which main reliefs are sought in Short Cause Suit No.3256 of 2007 is also a subject matter of certain reliefs prayed in this suit i.e. prayer clause X(v). 2. After having understood the nature of the reliefs sought in the City Civil Court suit as well as in this suit, I am to observe that on practical ground it would be proper to have this suit as well as Short Cause Suit No.3256 of 2007, presently pending in the City Civil Court, heard together so that appropriate findings can be recorded in regard to the rights claimed by the plaintiff over the said strip of land. Learned Counsel for the plaintiff had opposed request in the motion. I do not agree with the submission made on behalf of the plaintiff. If a patch of land is the subject matter of the suit in the High Court as well as in the City Civil Court, in order to avoid conflicting findings, both the suits must be tagged together. Hence following order is passed: ORDER i) Motion is made absolute in terms of prayer clause (a) and the prayer should be read so as to transfer the Short Cause Suit No.3256 3 of 2007 presently pending in City Civil Court at Bombay to this Court. Accordingly, Registrar, City Civil Court, Bombay is directed to transfer the record and proceeding pertaining to Short Cause Suit No.3256 of 2007 to this Court. The statement made by learned Counsel for the plaintiff is noted that the said suit is pending at the Dindoshi Branch of the City Civil Court. Once the record and proceeding as per this order is received by the Prothonotary & Senior Master, the Prothonotary & Senior Master shall tag the said proceeding with this suit. If any interim order is running in the said suit, the same order shall continue till disposal of this suit as well as Short Case Suit No.3256 of 2007. If any interim applications are pending, the same shall be heard by this court. It is hereby ordered that this suit as well as the Short Cause Suit No.3256 of 2007 be heard expeditiously. ii) The matter be placed on board after the record and proceedings are received from the Registrar, City Civil Court, Bombay. iii) Registrar, City Civil Court, Bombay shall act on the basis of this order within four weeks from service of authenticated copy of 4 this order duly authenticated by associate of this order. [R.Y.GANOO, J.]