Shri Sunil R Lalchandani v. Shri. Vilas Mahadev Waghmode

45-MCA-306-2025 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 306 OF 2025 Sunil R. Lalchandani ....Applicant Vs.

Vilas Mahadev Waghmode ....Respondent .....

Mr. Naresh Lalchandani i/by SAS Law Associates for the applicant Mr. Rugwed R. Kinkar Advocate for Respondent .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

24th NOVEMBER 2025 P.C.

1.

By this application, the applicant is seeking transfer of Summary Suit No.155 of 2022 pending before the Second Joint Civil Judge Senior Division Kolhapur filed by the Respondent to the District Court at Pune.

2.

It is contention of learned counsel for Applicant that Respondent has filed Summary Suit against the applicant, which is pending at Second Joint Civil Judge Senior Division Kolhapur. The Respondent has not taken out summons for Judgment for approximate three years and not complied the procedure laid down in Civil Procedure Code. The applicant has grievance against the trial Court Judge as he was not proceeding with the case. Hence, Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.25 19:50:16 +0530 SAJAKALI LIYAKAT JAMADAR requested to allow the application.

Sajakali Jamadar

45-MCA-306-2025 (C).DOC 3.

It is contention of learned counsel for the respondent that the concerned Judge against whom the applicant has grievance, has been transferred and no specific grounds are mentioned for transfer the Summary Suit. Hence requested to reject the application. 4.

I have heard both the learned counsels. The allegations were against the earlier trial Court Judge for not expediting the suit. I am told that the said judge has been transferred. There are no reasonable grounds for transfer of Summary Suit from Kolhapur to Pune. Considering these facts, I pass following order:

ORDER

(i) The Application is rejected;

(ii) The learned trial Court Judge is requested to expedite the Summary Civil Suit filed by the Respondent and to dispose off as early as possible.

(SHIVKUMAR DIGE, J.) Sajakali Jamadar