Shubhangi Dinkar Darandale Alias Subhangi Ajit Kakade And Another v. Eknath Gangadhar Darandale And Another

(1) 928-wp-10025-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10025 OF 2022 SHUBHANGI DINKAR DARANDALE ALIAS SUBHANGI AJIT KAKADEAND ANOTHER

VERSUS

EKNATH GANGADHAR DARANDALE AND ANOTHER ...

Mr. Satyajit S. Bora, Advocate for the Petitioners. Mr. D. R. Markad, Advocate for Respondent Nos.1 and 2. ...

CORAM : SANDEEP V. MARNE, J.

DATED : 22nd DECEMBER, 2022.

PER COURT:- 1.

By this petition petitioners challenge the order dated 15.07.2022 passed by the Principal District Judge, Ahmednagar directing that RCS No.53/2020 pending on the file of Civil Judge, Senior Division, Newasa be transferred to the Court of Joint Civil Judge, Senior Division, Newasa for decision on the ground that RCS No.258/2012 is already pending on the file of Joint Civil Judge, Senior Division, Newasa. The Trial Court has recorded a finding that parties are the same and the properties are also substantially same. The relief claimed also appears to be substantially same.

2.

In this view of the matter no error is committed by the Principal District Judge, Ahmednagar in directing transfer of RCS No.53/2020 before the Joint Civil Judge, Senior Division, Newasa where RCS No.258/2012 is already pending. 3.

Writ Petition is devoid of merits. The same is dismissed without any orders as to costs.

(SANDEEP V. MARNE) JUDGE Devendra/December-2022