Shantabai @ Shalini Vithalrao Paratwagh v. Varsha Vithal Paratwagh And Others

1 903MISCCA114-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 MISC.CIVIL APPLICATION NO. 114 OF 2017 Shantabai @ Shalini Vithalrao Paratwagh .... Applicant versus Varsha Vithal Paratwagh and Others ...Respondents ...

Mr.G.P. Shinde, Advocate for Applicant.

Talekar And Associates Adv. for Respondent Nos.1 & 2 Mr. M.B. Sandanshiv, Advocate for Respondent No.4 ...

CORAM : NITIN W. SAMBRE, J.

DATED : 8th NOVEMBER, 2017.

PER COURT :- 1.

This is an application under section 24 of the Code of Civil Procedure seeking transfer of the proceedings as prayed in clause (B) of the application.

2.

Having heard respective parties for some time, it is noticed that both the suits viz. Special Civil Suit No.14/2012 instituted at Nanded in the Court of Civil Judge, Senior Division and Regular Civil Suit No.173/2011, (New No.82/2015) are for partition and separate possession. The parties to the proceedings are residents of Nanded, which is not in dispute.

2 903MISCCA114-17 3.

In view of the fact that the claim for partition is sought by different suits and the parties to the application are residents of Nanded, it will be appropriate to allow application in terms of prayer clause (B) and is allowed accordingly.

(NITIN W. SAMBRE, J.) mta/-