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Bombay High CourtWP/2431/2024dismissed

Laxman S/O Shankar Ghube And Others v. Laxman S/O Sadashiv Ghube And Another

2024-04-16Hon'Ble Shri Justice Anil S. Kilor2 pages

1 27-WP2431-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

OF 20 (LAXMAN SHANKAR GHUBE & OTH..VS.. LAXMAN SADASHIV GHUBE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sachin M. Awachar, Advocate for Petitioners. CORAM : A NIL S. KILOR , J.

DATED : APRIL 16 , 20 .

1.

Heard.

2.

The order dated 16/12/2023 passed by the learned Principal District Judge, Buldhana transferring Regular Civil Suit No.99 of 2013 from Civil Judge Junior Division, Chikhli to the Court of Joint Civil Judge Junior Division, Chikhli, is under challenge in this writ petition. 3.

After going through the record and the impugned order, I do not find substance in the submission of the learned counsel for the petitioner that on the basis of false and baseless allegations against the Presiding Officer, the case came to be transferred.

4.

On the contrary, the learned Principal District Judge has categorically observed that there is nothing on record to establish the biasness. Thus, the allegations made against the Presiding Officer were not considered and held to be not found correct. However, the transfer is made on

2 27-WP2431-2024 the ground that there is a huge pendency of the matters before the Civil Judge Junior Division, Chikhli and further the Court has considered the old age of the applicant No.1-Laxman Sadashiv Ghube, for such transfer. Thus, the reason to transfer the matter is to have final outcome in the matter, at the earliest. 5.

In the circumstances, I do not find any merit in the writ petition, accordingly, it is dismissed. JUDGE RRaut..