← Library
Bombay High CourtWP/14329/2024disposed off

Sampada Suresh Katekar Alias Narmada Vithoba Takur v. Sushila Ramakant Alias Sushila Vithoba Thakur

2024-11-12Hon'Ble Shri Justice N. J. Jamadar2 pages

23-WP-14329-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by SATISH RAMCHANDRA SANGAR Date:

2024.11.14 17:37:45 +0530 WRIT PETITION NO.14329 OF 2024 SATISH RAMCHANDRA SANGAR Smt.Sampada Suresh Katekar

...Petitioner

V/s.

Smt.Sushila Ramakant Alias Sushila Vithoba Thakur

...Respondent

***** Mr.Praveen Babu a/w Mr.Vilas Tendolkar i/b. Mr.Yogesh Pednekar:- Advocates for Petitioner.

***** CORAM :

S. M. MODAK, J.

DATE :

12th NOVEMBER 2024 P. C. :- 1.

Heard learned Advocate for the Petitioner.

2.

He is the Plaintiff in two Suits. One is filed before the Uran Court which is earlier in time and second is filed before the Panvel Court which is later in time. As the Government is party, the Suit is filed before the Panvel Senior Division Court. 3.

The Petitioner applied for transfer before the learned Principal District Judge but it was rejected on 18th September 2024. Learned Satish Sangar 1/2

23-WP-14329-2024.doc Advocate relied upon the observations in case of Babu Singh and Others V/s. Raj Bahadur Singh and Others1. It is observed that:- "Another application under Section 24 of Civil Procedure Code by the same applicant based on the same cause of action would not be maintainable without challenging the order passed by a District Judge".

4.

Now, the Uran Court date is 18th November 2024. Issue notice to Respondent returnable on 10th December 2024. In the meantime, the Petitioner is at liberty to request the Uran Court for adjourning that Suit. Let, it be considered positively.

[S. M. MODAK, J.] 2022(11) ILR Allahabad 627 Satish Sangar 2/2