AI Structured Summary
Not yet generated for this judgment
Judgment
A.N. Venugopala Gowda, J.—This petition has been filed under S. 24 of CPC to withdraw the Execution Case No. 306/1999 pending on the file of the Chief Judge, Court of Small Causes, Bangalore and transfer the same to the City Civil Court, Bangalore for being decided along with O.S. No. 11101/1998 and O.S. No. 3869/2006. Heard Mr. Shams Ahmed Pathan, learned advocate for the petitioners and Mr. Mohammed Shafi S., learned advocate for the respondents and perused the petition.
Questioning an order dated 04.01.2006 passed on an I.A. filed under Order 21 Rules 97 to 101 of CPC in Execution Case No. 306/1999 by the learned Chief Judge, Court of Small Causes, Bangalore, R.F.A. No. 98/2006 was filed. The said appeal upon hearing was allowed and the impugned judgment and decree of the Executing Court was set aside and the matter was remanded to the Execution Court for reconsideration, by setting the parties at liberty to lead further evidence with an observation that the parties are at liberty to make appropriate application to get the other suits clubbed. Against the said order SLP No. 16176/2007 filed was dismissed on 04.07.2012.
While deciding R.F.A. No. 98/1996 on 25.07.2007, by taking note of the pendency of O.S. Nos. 11101/1998 and 7913/1995 and other cases between the parties and the serious dispute as to the title to the suit property, it has been observed as follows:
11.....The proper course would be to club all the suits and objection of objector and hear the parties. It would be proper for the Court to get the other suits clubbed, as the subject matter and the parties being one and the same. Giving finding in one suit would certainly effect the rights of the parties in the other suit. Parties may take appropriate steps for the same.
In view of the observations made, noticed supra, the said Judgment having attained finality with dismissal of SLP, the petitioners are justified in seeking withdrawal of Execution Case No. 306/1999 pending on the file of the Chief Judge, Court of Small Causes, Bangalore and for transfer to the City Civil Court, Bangalore, wherein O.S. Nos. 11101/1998 and 3869/2006 are pending. Mr. Mohammed Shafi submitted that the petitioners are causing obstruction for deciding of the pending cases. Mr. Shams Ahmed Pathan submitted that the petitioners would not seek any unnecessary adjournment/s and render necessary co-operation for early trial and deciding of all the pending cases. Submission of Mr. Shams Ahmed Pathan is recorded and the petitioners shall extend ready co-operation to the Court/s for deciding of all pending cases. The respondents shall also render cooperation to the Court/s to decide the cases, which are sufficiently held.
In the result, it is ordered as follows:
Petition is allowed and Execution Case No. 306/1999 pending on the file of the Chief Judge, Court of Small Causes, Bangalore, is hereby withdrawn and is transferred to the City Civil Court, Bangalore.
Since O.S. No. 11101/1998 is pending on the file of Addl. City Civil Judge (CCH-29) at Mayo Hall, Bangalore and O.S. No. 3869/2006 is pending on the file of the Addl. City Civil Judge (CCH-44), Bangalore City, the Principal City Civil Judge, Bangalore, is directed to withdraw one of the said suits and assign the withdrawn suit to the Court, wherein, the other suit is pending and simultaneously, assign Execution Case No. 306/1999 to the Court to which, the withdrawn suit i.e., either O.S. No. 11101/1998 or 3869/2006 is assigned.
The Principal City Civil Judge, Bangalore, is directed to assign all the said cases to one and the same Court.
The Court, to which the cases shall be assigned, shall proceed from the stage at which, the suits/execution case are pending and decide the matters expeditiously and within a period of six months from the date of first appearance of both the parties.
No costs.