1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD MISC.CIVIL APPLICLATION NO.20/2010. (Avinash s/o Vasant Naigaonkar Vs. Vasant Naigaonkar (died) through Lrs.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.KM Nagarkar, Adv. For applicant. *** CORAM : K.U.CHANDIWAL ,J. DATE : 24 th November, 2010. ... 1) Heard Mr.Nagarkar for applicant. 2) In spite of service, respondents absent. 3) The petitioner filed RCS No.53/2007 before learned Civil Judge, Senior Division, Osmanabad on 11.10.2006 seeking declaration that the compromise in RCS No.289/2002 is null and void being illegal and not binding to the petitioner/plaintiff. 4) The property involved in the proceedings is admittedly at Osmanabad. Since the petitioner being a pensioner resides at Aurangabad, he has sought transfer of the suit from Osmanabad to Aurangabad. The other ground seeking transfer of suit is that the petitioner has to face criminal prosecutions at Osmanabad though at the material time he was at Aurangabad. 2 5) In the above factual details, it is not possible that at the whims and convenience of the plaintiff, the proceedings should be transferred from the Court at Osmanabad to the court at Aurangabad. 6) No merit in the Misc. Civil Application, it is accordingly dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/