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Bombay High CourtMCA/62/2017admittedallowedgrantedrule absolute

Jakiyabegum Saidoddin Khatib v. Shamshoddin Nasiroddin Kazi

2017-06-05Hon'Ble Shri Justice Nitin W. Sambre2 pages

62.17mca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 62 OF 2017 Jakiyabegum D/o Saidoddin Khatib, Age: 45 years, Occ: Household, R/o. Misha Momin sister W/o Asifoddin Saidoddin Khatib Quarter No 14/13, Near Ladies Nurses Hostel, S.R.T. Medical College Campus, Ambejogai, Tq. Ambejogai, Dist. Beed.

..APPLICANT

VERSUS

Shamshoddin s/o Nasiroddin Kazi, Age: 50 years, Occ : Business, R/o. Tambri Vibhag, Tq. & Dist. Osmanabad.

..RESPONDENT Mr Subhash S. Ghute, Advocate for applicant;

CORAM : N.W. SAMBRE, J.

DATE : 5th JUNE, 2017 ORAL ORDER :

Heard learned Counsel for the applicant.

2.

The applicant is seeking transfer of the proceedings being Regular Civil Suit No. 191 of 2010 pending on the file of Civil Judge, Junior Division, Osmanabad to the Court of Civil Judge,

62.17mca (2) Junior Division, Ambejogai, Disrict Beed.

3.

The applicant has filed affidavit of service. The affidavit is accepted. Service complete.

4.

The applicant has disclosed two offences against the respondent, which were registered, at the behest of the applicant. Since in spite of service, none appeared and the contents of the application are not controverted, in the above referred background and considering the convenience of the applicant-lady, it will be appropriate, in my opinion, to allow the application in terms of prayer clause (B).

5.

Misc. Civil Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe