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Bombay High CourtWP/9717/2013rule made absolute

Manohar Laxman Sawant And ANR v. Bhanudas Vithoba Bhosale And ORS

2015-03-17Hon'Ble Shri Justice M.S. Sonak2 pages

WP 9717­13­12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9717 OF 2013 Manohar Laxman Sawant and Anr.

] ... Petitioners/ (Orig. Plaintiffs)

Versus

Bhanudas Vithoba Bhosale and Ors.

] ... Respondents/ (Orig. Defendants) Mr. Vaibhav R. Gaikwad for Petitioners.

Mr. R. C. Barge for Respondents.

CORAM :­ M. S. SONAK, J.

DATE :­ MARCH 17, 2015 P. C. :­ 1.

Rule. This Court, by Order dated 20/11/2013, had already put the parties to notice that this Writ Petition will be disposed of finally at the stage of admission.

2.

There is no serious dispute that the Principal District Judge, Satara, made the impugned order dated 14/03/2014 without hearing the Petitioners­Plaintiffs. There is some issue with regard to the correct valuation of the plaint. It is the case of the Petitioners that the valuation stated in the plaint was Rs.1,02,000/­ as the earlier stated figure in the plaint was duly corrected at the stage of lodging of the plaint. The impugned order indicates that the Principal District Judge has proceeded on the basis of the copy of the plaint which was URS

WP 9717­13­12 annexed by the Petitioners along with the application seeking the making over of the civil suit to the Court of Civil Judge, Junior Division at Wai.

3.

In this view of the matter, the impugned order dated 14/03/2013 is set aside on the sole ground that the same ought to have been made after hearing the Petitioners­Plaintiffs. All other contentions are left open.

4.

Accordingly, the impugned order dated 14/03/2013 is set aside. The matter is remanded to the Principal District Judge, Satara, for fresh decision upon Petitioners' application dated 16/01/2013 which is Transfer Application No.18 of 2013. The Principal District Judge to decide the same after affording opportunity of hearing to all the contesting parties and in accordance with law. 5.

The parties to appear before the Principal District Judge, Satara, on 30/03/2015 at 11.00 a.m. for directions. 6.

Rule is made absolute to the aforesaid extent. There shall be no order as to costs.

7.

All parties to act on the basis of authenticated copy of this order.

(M. S. SONAK, J.) URS