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Bombay High CourtWP/694/2022dismissed

Tulshiram S/O Late Dr. Kruparam Pande v. Shobha Wd/O Vijayram Pande (Daughter In Law Of Late Dr. Kruparam Pande) And Others

2022-02-14Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

38 wp694.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.694 OF 2022 Tulsiram s/o Late Dr. Kruparam Pande Vs. Smt. Shobha Wd/o Vijayram Pande and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.V. Bhangde, Advocate for petitioner.

Shri P.D. Sharma, Advocate for respondents.

CORAM :

SMT. ANUJA PRABHUDESSAI, J.

DATED : 14 th FEBRUARY, 2022 The petitioner herein has challenged the order dated 08.10.2021 whereby the learned Principal District Judge, Nagpur, has dismissed the Civil M.A. No.435 of 2021 for transfer of Special Civl Suit No.608 of 2020 from the Court presided over by Smt. V.B. Gore, Civil Judge, Senior Division, Nagpur to the Court presided over by Smt. S.N. Shah, Joint Civil Judge, Senior Division, Nagpur. 2.

Heard learned counsel for the petitioner and learned counsel for respondents and I have perused the record.

3.

The petitioner has sought transfer of the suit only on the ground that the learned Judge Smt. S.N. Shah had heard the arguments on application at Exhibits-5, 24, 31 and 33 in Special Civil Suit No.608 of 2020 on 25.02.2021 and 01.03.2021 and posted the matter for orders

38 wp694.22.odt on 08.03.2021. The record reveals that no orders were passed on Exhibits-5, 24, 31 and 33, on 08.03.2021 and on the adjourned date i.e. 30.03.2021. Subsequently the learned Judge has been transferred and Smt. V.B. Gore has been posted as Civil Judge, Senior Division, Nagpur. The learned Judge while dismissing the application has taken note of the fact that considerable time has lapsed since learned Judge Smt. S.N. Shah had heard the matter and that she will have to rehear all the applications. The learned Judge has observed that transfer the suit cannot be permitted solely on the ground that the Judge had earlier heard the arguments. There is no illegality and irregularity in the said order. The petition has no merits and is accordingly dismissed. No order as to costs.

JUDGE Wagh Signed By:SURESH RAOSAHEB WAGH Personal Assistant to the Hon'ble Judge