Ketaki Himanshu Thakare v. Himanshu Subhash Thakare

P-2-MCA-349-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.349 OF 2024 by SATISH RAMCHANDRA SANGAR Date:

2024.12.06 06:44:15 +0530 Mrs.Ketaki Himanshu Thakare ...Applicant SATISH RAMCHANDRA SANGAR V/s.

Himanshu Subhash Thakare

...Respondent

***** Mr.Sanket Garud a/w Mr.Asim Sarode:- Advocates for Applicant. ***** CORAM :

S. M. MODAK, J.

DATE :

5th DECEMBER 2024 P. C. :- 1.

The matter is taken on board by way of praecipe moved on behalf of the Applicant. The urgency is quoted because there is "No W.S." order passed in Special Civil Suit No.583 of 2023. In that suit, present Applicant is the Defendant. By this Application, the Applicant wants transfer of that suit. At present, the suit is pending before the Court of Civil Judge, Senior Division-Thane. The prayer is for transferring the same to the Court of Civil Judge, Senior DivisionPune. It is for the reason, two proceedings are pending before the Pune Court.

Satish Sangar 1/2

P-2-MCA-349-2024.doc 2.

Issue notice to Respondent returnable on 24th January 2025. Private notice, in addition, is allowed. Affidavit of service be filed. 3.

If, there is "No W.S." order, the Applicant is required to take steps for setting it aside before Thane Court. If, the request is accepted, she can take similar steps before the Pune Court. So, the trial Court proceeding cannot be stayed.

4.

This Court has experienced the tendency of litigants to take recourse to Section 24 of the Code of Civil Procedure, 1908 (" CPC ") and under the garb of obtaining stay order, they are not taking steps which they are expected to take legitimately. 5.

Stand over to 24th January 2025.

[S. M. MODAK, J.] Satish Sangar 2/2