CARLOS TAVORA MAJOR Vs. BOSHAN DEVELOPERS PVT LTD

JUDGEMENT

(1.) On 19/07/2017, a notice for final disposal was issued. Accordingly, the parties are heard and the petition is being disposed off finally.

(2.) The petitioner is challenging the order dated 04/07/2017 passed by the learned Principal District Judge, Panaji in CMA No.128/2017. That was an application filed by the petitioner under Section 24 of the Code of C. P. (Code, for short) for transfer of CMA No.119/2016/A, for review, before the same Judge (Ms. D. Patkar), who had passed the judgment.

(3.) The brief facts are that Regular Civil Suit No.121/2009/A was decided by the learned Civil Judge, Senior Division. The said suit was decided by Ms. D. Patkar while she was presiding over 'B' Court and was incharge of 'A' Court, as the 'A' Court was vacant. It so happened that after the decision in the suit, the learned Judge was transferred to Ponda. In the meantime, the respondent no.1 filed an application for review of the judgment, which was placed before 'A' Court at Mapusa, presided over by Mr. S. S. Shirgaonkar. In the meantime, the concerned Judge Ms. D. Patkar came to be again transferred to Mapusa and in that view of the matter, the petitioner filed an application under Section 24 of the Code, seeking transfer and placing of the CMA No.119/2016/A (Review Application) before the same Judge. That application has been rejected.