Siddharth S/O Ramesh Oiembe v. Sandhya Wd/O Sunil Ghanbahaddur And Others

1 29 cac 6-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.06/2025 IN CIVIL REVISION APPLICATION ST. NO.3015/2025 Siddharth s/o Ramesh Oiembe Vs.

Sandhya wd/o Sunil Ghanbahaddur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Abhiruchi Patil, Advocate h/f Shri A.M. Tirukh, Advocate for applicant CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 07.04.2025 For the reasons stated in the application, the application is allowed and delay in filing revision application is hereby condoned.

2.

The Registry is hereby directed to register the Civil Revision Applicaton St. No.3015/2024.

3.

The application is disposed of accordingly.

CIVIL REVISION APPLICATION ST. NO.3015/2025 1.

In view of the judgment passed in Writ Petition No.438/2024, this Court already taken a view that injunction application between landlord and tenant can be prosecuted before the Small Causes Court. The learned Counsel for respondents has no objection to transfer the suit filed by the applicant/petitioner for injunction, which is pending on the file of 8th Joint Civil Judge Junior Division,

2 29 cac 6-2025 Akola, bearing RCS No.307/2023, where the suit filed by the respondent bearing RCS No.558/2023 for eviction is pending in the Court of learned 4th Joint Civil Judge Junior Division, Akola.

2.

As such, Civil Revision Application is allowed. 3.

The order below Exhibit-1 in CMA No.

118/2024 dated 06.07.2024 is hereby quashed and set aside.

4.

The matter pending on the file of 8th Joint Civil Judge Junior Division, Akola bearing RCS No.307/2023 is hereby withdrawn and transferred to the 4th Joint Civil Judge Junior Division, Akola, where RCS No.558/2023 is pending, to be decided along with the said matter.

5.

The learned 4th Joint Civil Judge Junior Division, Akola, is hereby directed to conclude the proceedings as expeditiously as possible preferably within one year.

6.

The Civil Revision Appeal is stands disposed of accordingly.

JUDGE R.S. Sahare