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1983 Supreme(Bom) 160

MASODKAR, KOTWAL
Anand Issardas Motiani – Appellant
Versus
Virji Raisi – Respondent


Advocates:
K.J. Abhyanekar with A.K. Abhyankar i/b M/s. Mahesh Jani and Co., for Appellants; T.R. Hegde, for Respondent.

Judgement

MASODKAR, J.:- This Letters Patent Appeal is directed against the order made by the learned single Judge of this Court in the proceedings which were initially filed by writ petition bearing Writ Petition No. 1835 of 1981 and which came to be renumbered as Miscellaneous Civil Application No. 9 of 1982. The proceedings taken before the learned single Judge of this Court, initially invoking the constitutional jurisdiction and, thereafter, the powers of the Court under section 24 C. P. C., 1908, relate to a suit filed by the respondent in the Court of Small Causes at Bombay bearing R. A. B. and R. suit No. 627/2240 of 1980. By the impugned order, the said suit has been transferred from the Court of Mr. S.B. Desai, J. to any other Judge of the Court of Small Causes. The appellants are the defendants in that suit.

2. It appears and it is not in dispute that before the learned single Judge of this Court, the whole proceedings of the said suit were put in question so as to show that the plaintiff-suitor harboured reasonable apprehension that he would not get justice from the Court of Mr. S.B. Desai. It further appears that considerable time was occupied of the learned single Judge

































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