Valmon Real Estate Pvt. Ltd. , Thruogh Director Gaurav Shantaram Kudalkar v. M/S. Supreme Constructions Through Prop. Mahesh Manohar Andhari

Sherla V.

wp.14280.2017_908.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No.14280 OF 2017 Valmon Real Estate Pvt. Ltd.

Through Director Shri Gaurav Shantaram Kudalkar ... Petitioner Vs.

M/s.Supreme Constructions through Proprietor Shri Mahesh Manohar Andhari ... Respondent Mr.Girish Godbole with Swapnil Ambure for the Petitioner Mr.Madhav Jamdar for the Respondent CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JULY 27, 2018 P.C. :

1.

The order dated 8.9.2017 passed by the learned Principal District Judge, Sindhudurg, Oros in Miscellaneouos Application No.30 of 2016 which was filed u/s 24 of the Civil Procedure Code, is under challenge. The respondent herein has filed two suits i.e., Suit No.141 of 2011 for simpliciter injunction and thereafter Special Civil Suit No.41 of 2013 for damages before the learned Civil Judge, Senior Division, Oros. The said application was contested by Vishwanath Satyanarayana Sherla Date:

2018.07.30 11:12:12 +0530 Vishwanath Satyanarayana Sherla

wp.14280.2017_908.doc by the present petitioner. However, the learned Principal District Judge has after considering the objections passed a well reasoned order and transferred Regular Civil Suit No.141 of 2011 from Kudal to Oros.

2.

On perusal of the order, I am of the view that the order is legal and there is no irregularity or illegality to set aside the order. The learned Counsel for the petitioner submits that all his contentions including under Order 2 Rule 2 are to be kept open. 3.

No interference with the impugned order is called for. Petition is dismissed. All contentions are kept open.

(MRIDULA BHATKAR, J.)