1 WP 5863 of 2003 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5863 OF 2003 Smt.Shalini Chandrashekhar Navale ...Petitioner Vs. Annasaheb Ganapati Patil & Ors. ...Respondents ----- Mr.M.R. Suryavanshi for Petitioner Mr.G.N. Salunke for Respondent No.3 ----- CORAM: V.M. KANADE J. DATED: 26th April, 2011 P.C. 1. The Petitioner is the original defendant. He has filed this petition challenging the order passed by the Trial Court dated 20th March, 2003 on an application filed by him for transferring the suit filed by the Respondents-Plaintiffs to the Small Causes Court in view of provisions of section 28 of the Bombay Rent Act. 2. The Respondents-Plaintiffs had filed the suit for redemption of mortgage. In this suit, the Petitioner/Defendant took up a plea that he is a tenant and, thereafter, filed his application for seeking transfer. The Trial Court, after taking into consideration the various judgments of this Court, held that the Trial Court will have the jurisdiction to try and decide the suit. 2 WP 5863 of 2003 3. In my view, there is no infirmity in the order passed by the Trial Court. The jurisdiction of the Court is determined on the basis of the averments which are made in the plaint and the Plaintiffs alone has a right to chose the Forum where he seeks to claim the relief before that Forum. 4. This being the settled position in law. I do not see any infirmity in the order passed by the Trial Court. Issue is already framed as to whether the Defendant is a tenant. Hence, no case is made out for interfering with the impugned order passed by the Trial Court while exercising writ, jurisdiction of this Court. Writ petition is dismissed. The trial is expedited. Writ Petition is disposed of. (V.M. KANADE J.)