Sunil Vithal Shinde v. Ali Shan Noor Mohammad Shaikh And ORS

2024:BHC-AUG:8865 13-ca-2868-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2868 OF 2024 IN FA/214/2024 Sunil Vithalrao Shinde

VERSUS

Ali Shan Noor Mohammad Shaikh ...

Advocate for Applicant : Mr. Patni Pramod Fulchand AGP for Respondent/State : Mr. P.D. Patil Advocate for Respondent No.1 : Mr. Mohsin Khan WITH FIRST APPEAL NO. 215 OF 2024 ...

CORAM : S.G. MEHARE, J.

DATED : APRIL 24, 2024 PER COURT:- 1.

Heard the respective counsels.

2.

A common judgment was passed. In the said common judgment, one of the order was appealable before the District Court and another was before the High Court. Therefore, the applicant has preferred the appeal before the District Judge which is registered as R.C.A. No.151 of 2023.

3.

Learned counsel for the applicant submits that both matters are interconnected and having the effect on each other. Therefore, to avoid the conflict of the opinion, the appeal pending before the District Judge-11, Aurangabad may kindly be called to the Court for disposal.

13-ca-2868-2024.odt (2) 4.

Learned counsel for the non-applicant concedes the fact and agreeable to call the said appeal and be tagged with this appeal. 5.

In view of the above, civil application is allowed in terms of prayer clause (B).

6.

The Principal District Judge is requested to transfer R.C.A. No.151 of 2023 with record and proceeding to this Court on or before the next date.

7.

List the matter on 25.06.2024.

(S.G. MEHARE, J.) Mujaheed//