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Bombay High CourtMCA/52/2021allowed

Nilam @ Pooja W/O Rohit Rooplal Badel v. Rohit S/O Roopchand Badel

2022-09-16Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 12.mca.52.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.52 OF 2021 Nilam @ Pooja @ Gudiya w/o Rohit Roopkumar Vs.

Rohit s/o Roopkumar Badhel ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. P. Masurkar, Advocate for applicant.

Mr. P. M. Pande, Advocate for non-applicant.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/09/2022 1.

Though, Mr. Pande, learned counsel for the non-applicant vehemently opposed the transfer, considering that the D.V. proceedings instituted by the applicant are already pending in the Court at Khamgaon, in which, the non-applicant is already appearing, it would be appropriate that if the Court at Khamgaon decides both the matters, considering which, in view of what has been held in D. Raja Rajeshwari Vs. R. Satish Kumar 2022 (2) SCC 329, Hindu Marriage Petition No.105 of 2020 before the Civil Judge Senior Division, Washim is hereby transferred to Civil Judge Senior Division, Khamgaon.

2.

The parties through counsel shall appear before the Civil Judge Senior Division, Khamgaon on 26.9.2022 and place the copy of this order before the learned Court to apprise it of the same.

(2) 12.mca.52.2021 3.

The non-applicant through counsel shall also appear before the Civil Judge Senior Division, Washim on 22.9.2022 and place a copy of this order before the learned Court to apprise it of the same and to enable it to transmit the R & P to the Civil Judge Senior Division, Khamgaon.

4.

The application is accordingly allowed. No costs.

JUDGE Sarkate SARKATE 18:34