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Bombay High CourtMCA/154/2014disposed off

Smt. Gangubai Laxman Bankar And ORS v. Sou. Indubai Namdeo Verule

2016-11-22Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 7-MCA154.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 154 OF 2014 Smt.Gangubai Laxman Bankar & Ors.

..... Applicants

VERSUS

Sou. Indubai Namdeo Verule ..... Respondent Mr.Sugandh Deshmukh for the Applicants.

Mr.A.R.Shaikh, i/b. Mr.Harshad Palwe for Respondent. CORAM : R.D. DHANUKA, J.

DATE : 22nd NOVEMBER, 2016 P.C.

By this civil application the applicants seek transfer of the Regular Civil Suit No.21 of 2014 filed before the learned Civil Judge, Junior Division, Niphad, District Nashik to the court of the learned Civil Judge, Junior Division, Nashik at Nashik and to club with the Regular Civil Suit No.364 of 2008 which is pending before the Civil Judge, Junior Division, Nashik. 2.

Learned counsel appearing for the applicants submits that both the suits are for partition of the same properties. The contentions raised in both the suits are similar. The properties which are subject matter of both the suits are ancestral properties and the respondent herein has share in the said property. 3.

No affidavit in reply is filed by the respondent though served. 4.

After considering the grounds raised in paragraph (14), I am satisfied that the applicants have made out a case for transfer. Both the suits can be conveniently be heard and disposed off together.

kvm 2/2 7-MCA154.14 5.

I, therefore, pass the following order :- (a) Miscellaneous civil application is made absolute in terms of prayer clause (A).

(b) The learned Civil Judge, Junior Division, Niphad, Nashik is directed to transmit the papers and proceedings in Regular Civil Suit No.21 of 2014 to the court of learned Civil Judge, Junior Division, Nashik at Nashik and to hear both the suits together.

(c) Both the parties are directed to co-operate with each other and with the learned Civil Judge, Junior Division, Nashik at Nashik for expeditious disposal of the said proceedings.

(d) Both the parties are directed to appear before the learned Civil Judge, Junior Division, Nashik at Nashik on 12th December,2016.

(e) The parties as well as the two courts described in prayer clause (A) of this misc.civil application to act on the authenticated copy of this order.

(f) No order as to costs.

(R.D.DHANUKA, J.)