MANUBHAI VADILALSHAH Vs. NOOPUR DEVELOPERS AND ORS.

JUDGEMENT

(1.) This notice has been taken out under the provisions of Order 21 Rule 22 of the CPC. Defendant Nos.4, 5 & 6 have opposed the notice.

(2.) The plaintiff has obtained the decree in the above summary suit which is sought to be executed. The decree has been obtained from the Court in Thane. The plaintiff has got the decree transferred to this Court for execution under Section 39 of the CPC. Section 39 runs thus:

(3.) The defendants in the Suit reside within the territorial jurisdiction of this Court. They have immovable property within the territorial jurisdiction of this Court. This Court would have been also the Court of competent jurisdiction in which the suit could have been filed under Section 20 of the CPC. The decree is transferred by the Court passing the decree to this Court. The decree is transferred on the ground that the defendants in the suit do not have property sufficient to satisfy the decree within the territorial limits of the Court passing the decree and on the ground that the defendants reside and carry on business within this Court's jurisdiction. Hence the decree has been transferred under Section 39(a) & (b).