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Bombay High CourtMCA/658/2021allowed

Smt. Sushama W/O Surajkumar Sahu v. Surajkumar S/O Manohar Prashad Sahu

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

(1) 912mca658.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 658 OF 2021 Sushama Surajkumar Sahu__ Vs. ___Surajkumar Manoharprasad Sahu --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R.K.Maheshwari, Advocate for applicant Mr. A.M.Gedam, Advocate for non-applicant.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/09/2022 1] Mr. Maheshwari, learned counsel for the applicant seeks leave to amend the prayer clause to include a prayer for transfer all other proceedings pending in the Court at Umred to the Court at Nagpur. 2] Leave is granted. The amendment be carried out forthwith.

3] Though the transfer is vehemently opposed by Mr. Gedam, learned counsel for the non-applicant, considering the nature of the allegations made, and fact that the roznama dated 7.7.2021 indicates explanation being called from the concerned staff, in regard to the discrepancies in recording the roznama, and in view of what has been held in D.Raja Rajeshwari vrs. R. Satish Kumar, (2022) 2 SCC 329, the HMP No.A-07/2017 pending on the file of 4th Joint Civil Judge, Senior Division, Umred and so also other Misc. Criminal Application No. 1100008/2014 pending on the file of

(2) 912mca658.21 Judicial Magistrate, First Class, Umred are hereby directed to be transferred to the Family Court, Nagpur. 4] The applicant through counsel shall appear through her counsel before the Family Court, Nagpur on 26.9.2022 and place a copy of this order before the Family Court to apprise it of the same. The applicant shall also appear before the Courts at Umred and place copy of this order before the Courts to apprise it of the same, so as to enable them to transmit the R&P to the Family Court at Nagpur.

5] Considering the nature of allegations made, it is made clear that no further application shall be entertained by the Court, at the behest of the applicant for transfer, if made in the future.

6] The Application is allowed in above terms.

No costs.

7] The appropriate fees be paid to the learned appointed counsel as per Rules.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: