Sachin Sahaji Shinde And ANR v. Vitthal Khandu Supekar And ANR

52 WP-1413-2022.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1413 OF 2022 by BHARAT DASHARATH PANDIT Date:

2022.03.15 19:29:58 +0530 Shri Sachin Shahaji Shinde and Others .... Petitioners.

V/s Shri Vitthal Khandu Supekar & Others .... Respondents.

Mr. Ashok B. Tajane for the Petitioners.

Mr. Prasad P. Kulkarni for the Respondents.

CORAM: NITIN W. SAMBRE, J.

DATE: MARCH 14, 2022 P.C.:- 1] Heard Mr. Tajane, learned Counsel for the Petitioners. 2] Prayer is to transfer Regular Civil Suit No.65 of 2009 pending on the the file of Civil Judge, Junior Division, Mohol to Civil Judge, Senior Division, Solapur, on whose file Special Civil Suit No.36 of 2018 is pending for trial, as the property which is a subject matter of both the suits is the same.

3] Fact remains that relief claimed in earlier suit being Regular Civil Suit No.65 of 2009 is bindingness of Sale Deed dated 9/9/2011 on the Respondents and the Petitioners have sought declaration that they 1/2

52 WP-1413-2022.doc have become owners of the suit property by virtue of very same Sale Deed in Special Civil Suit No.36 of 2018. Both these suits are pending before different courts with different pecuniary and territorial jurisdiction.

4] In the aforesaid backdrop, I hardly see any reason which warrants interference with the impugned order in the extraordinary jurisdiction. Petition fails and as such same stands dismissed. ( NITIN W. SAMBRE, J. ) 2/2