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Bombay High CourtMCA/140/2021disposed off

Jyoti Preshit Waghmare v. Preshit Alias Pankaj Baliram Waghmare

2021-07-19Hon'Ble Shri Justice Avinash G. Gharote2 pages

44 mca 140-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 MISC.CIVIL APPLICATION NO.140 OF 2021 JYOTI PRESHIT WAGHMARE

VERSUS

PRESHIT ALIAS PANKAJ BALIRAM WAGHMARE ...

Advocate for Applicant : Mr. Suhas R. Shirsath Advocate for Respondent : Mr. H. V. Tungar ...

CORAM : AVINASH G. GHAROTE, J.

DATED : 19th JULY, 2021.

...

PER COURT :

1.

Heard Mr. Shirsath, learned counsel for the applicant and Mr. Tungar, learned counsel for the respondent. 2.

Two proceedings namely RCS No. 302 of 2020 pending on the fle of Civil Judge Senior Division, Beed and HMP No. 23 of 2020 pending before the Civil Judge Senior Division, Beed, which has been since transferred to the Family Court Beed are already pending at Beed. The request is for transfer of HMP No.A/21/2020 pending on the fle of Family Court at Osmanabad, to the Family Court at Beed.

3.

Mr. Tungar, learned counsel submits that it would be in the interest of both the parties that the separate proceedings be

44 mca 140-21.odt clubbed together and decided by one court, so as to avoid contrary orders. He therefore, expresses his no objection for transfer of the HMP No. A-21/2020 pending on the fle of Family Court, Osmanabad, to the Family Court Beed, in view of which the HMP No.A-21 of 2020 pending on the fle of Family court, Osmanabad, is hereby transferred to the Family Court, Beed. 3.

The respondent shall appear before Family Court Beed on 06/08/2021, by which time the record of HMP No. A-21 of 2020 be transmitted to Family Court Beed.

4.

Needless to say that HMP No. A-21 of 2020 shall be heard and tried along with HMP No.23 of 2020, which stands transferred to Family Court, Beed. The request for transferring RCS No. 302 of 2020, which is between the parties hereto, to the Family Court, Beed is agreed to be made by them jointly, which shall be considered appropriately when made so that all the matters are in one court and are decided together. Application is accordingly disposed of.

(AVINASH G. GHAROTE, J.) vsm/-