Sou. Isha Santosh Khabiya v. Shri. Santosh Harakchand Khabiya And ANR

by IRESH SIDDHARAM MASHAL Date: 2021.08.27 12:56:35 +0530 IRESH SIDDHARAM MASHAL 11.41.20 MCA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 41 OF 2020 SOU. ISHA SANTOSH KHABIYA ....APPLICANT V/s.

SHRI. SANTOSH HARAKCHAND .....RESPONDENTS KHABIYA AND ANR Mr. Balwant V. Salunkhe for the applicant CORAM :

NITIN W. SAMBRE, J.

DATE:

AUGUST 17, 2021.

P.C.:

1] Though served, none appears for the non-applicant husband and father-in-law.

2] Proceedings under Domestic Violence Act initiated by the applicant which are duly attended by the non-applicant at Kavthemhankal where transfer of the suit is sought. 3] Respondents have fled two separate suits being 21/2018 and 254/2019 for specifc performance in relation to very same property Order corrected pursuant to speaking to minutes order dated 26/08/2021 1/2

11.41.20 MCA.doc which speaks of the very intention of the non-applicants. Contention alleged in the application are not controverted by non-applicants though served.

4] In the aforesaid background, considering the hardship in travelling and pendency of other proceedings, in my opinion case for consideration is made out.

5] Application is allowed in terms of prayer clause (a) which reads thus:

"a.

This Hon'ble Court may be pleased to transfer the Regular Civil Suit bearing No. 21 of 2018 and Regular Civil Suit bearing No. 254 of 2019 pending before the Ld. Civil Judge Junior Division at Ghodnadi (Shirur) Dist. Pune to the Court of Civil Judge, Junior Division, Kavthemhankal, District: Sangli".

[NITIN W. SAMBRE, J.] Order corrected pursuant to speaking to minutes order dated 26/08/2021 2/2