Nityanand Balaji Munde v. Balaji Ganpatrao Munde And ORS

2024:BHC-AUG:21312-DB F.A. No.4169/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.4169 OF 2023 WITH CIVIL APPLICATION NO.13511 OF 2023 Nityanand Balaji Munde ... APPELLANT

VERSUS

Balaji Ganpatrao Munde & ors.

... RESPONDENTS .......

Mr. S.B. Ghatol Patil, Advocate for appellant Mr. U.B. Bilolikar, Advocate for R.No.4 & 5 Mr. S.S. Bora, Advocate for R.No.6 to 8 .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 6th SEPTEMBER, 2024 O R D E R :

This appeal is directed against the order dated 14/9/2023, passed by learned Jt. Civil Judge, Senior Division, Nanded, rejecting the plaint.

2.

Learned Advocate for the appellant submits that, the remedy lies before the concerned District Court, and prays that the present proceedings along with pending Civil Applications be transferred to the District Court, Nanded.

F.A. No.4169/2023 :: 2 ::

Learned Advocate for respondents No.6 and 8 concedes to the above submission of learned Advocate for the appellant. 3.

In view of the above submissions, this appeal along with pending Civil Applications be transferred to the District Court, Nanded for deciding in accordance with law. A copy of the same be retained for record purpose. Office shall do the needful.

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-