Leela Prakash Kamble Through Poa. Sarika Prakash Kamble v. Vasant Ananda More And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.09.19 20:59:50 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 357 OF 2024 Leela Prakash Kamble ..... Applicant

VERSUS

Vasant Ananda More & Ors.

..... Respondents Mr. Mainak Adhikar (appointed through Legal Aid Committee) for the Applicant.

CORAM : RAJESH S. PATIL, J.

DATE : 15 SEPTEMBER, 2025 P.C. :- 1) Mr. Mainak Adhikar, learned Advocate appointed through Legal Aid Committee submits that the present application has been filed by the applicant who is a senior citizen seeking a transfer of the suit filed by her before the Civil Judge, Junior Division, Mahabaleshwar being R.C.S.No. 61 of 2022 to the City Civil Court at Mumbai.

2) It has been argued before me that a specific ground has been taken in the Memo of present Application. In paragraph no.7, stated the reasons for the plaintiff seeking transfer of her suit from Mahabaleshwar Court to the City Civil Court, Mumbai. Paragraph

2/3 No.7 of the Miscellaneous Civil Application reads as under :- 7.

The Applicant states and submits that, the matter is related to property i.e. plot at Haroshi, Mahabaleshwar, Tal : Satara and legal heirs i.e. Tukaram Sakharam More i.e., of grandmother are not attending in the court and other legal heirs are not paying and expenses for the case. Also, the Applicant is 55-year-old. That in Civil suit, Collector, Prant no any decision is issued by concerned Court and also the advocates are not co-operating in the matter. Hereto annexed and marked as Exhibit-"A" are the copy of application bearing R.C.S. No. 61/2022.

3) After hearing learned advocate for the applicant, according to me, no case is made out to allow the present Miscellaneous Civil Application as the plaintiff herself wants suit filed by her, to be transferred from the Mahabaleshwar Court to the City Civil Court, Mumbai on the ground that no progress is being done in the said suit pending before the Civil Judge Junior Division, Mahabaleshwar.

4) The only other ground taken by the plaintiff is that the travelling from Mahabaleshwar to Mumbai takes around six hours. 5) In my view, a plaintiff who has filed a suit in the Court of Civil Judge Junior Division, Mahabaleshwar is seeking transfer of her own suit on the ground which I don't find in the appeal. 6) Therefore, the present Miscellaneous Civil Application

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7) At the request being made by the learned advocate appearing for the applicant, the hearing of the suit being R.C.S.No. 61 of 2022 pending before the Civil Judge, Junior Division, Mahabaleshwar is hereby expedited.

[RAJESH S. PATIL, J.]