Mohammad Nazim S/O Abdul Hafiz And Another v. Mohammad Haroon S/O Shaikh Ismail And Others

2025:BHC-NAG:14964 27.cra.158.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO.158 OF 2025 Mohammad Nazim S/o Abdul Hafiz and another .Vs. Mohammad Haroon S/o Shaikh Ismail and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.B. Mirza, Advocate for applicants.

CORAM : ROHIT W. JOSHI, J.

DATE : 23/12/2025 1.

Undisputedly two suits with respect to same property are filed one by the present applicants and other by the present respondent No.1. The present applicants have filed the suit before the Court of learned Civil Judge Junior Division, Bhatkuli, Dist. Amravati. The suit filed by the respondent No.1 is filed before the Court of learned Civil Judge Senior Division, Amravati, since the State of Maharashtra is a party to the said suit.

2.

The respondent No.1 filed an application for transfer of the suit filed by the present applicants, being Regular Civil Suit No.64 of 2023, to the Court of the learned Civil Judge Senior Division, Amravati, on the ground that since both the suits are pertaining to the same property, it is necessary that both suits be heard together in order to avoid the possibility of conflicting decisions. This argument has found favour with the learned Principal District Judge, Amravati, who has allowed the transfer

27.cra.158.2025.odt application vide order dated 06.12.2025. The contention of the learned Advocate for the applicants is that the suit at Amravati is filed only in order to harass the present applicants and that the State of Maharashtra is arrayed as defendant only in order to ensure that the suit will lie before the Court of the learned Civil Judge Senior Division, Amravati and therefore State of Maharashtra is alleged as a defendant.

3.

Perusal of the plaint avernments in Regular Civil Suit No.343 of 2024, filed by the respondent No.1 will indicate that according to him, the land in question is a government land which is under control of the Gram Panchayat.

4.

Having regard to the totality of the circumstances, in the considered opinion of this Court, the learned Principal District Judge has rightly passed the impugned order transferring the suit filed by the present applicants to the Court of the learned Civil Judge Senior Division, Amravati, in order to avoid the possibility of conflicting decisions.

5.

Civil Revision Application is therefore rejected. (ROHIT W. JOSHI, J.) C.L. Dhakate