1 wp 4104.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4104 OF 2011 Hiraman Vithal Pimple & another .. Petitioners Versus Rakhibai Mohansingh Thakur & ors .. Respondents Shri V. P. Golewar, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 15TH JUNE, 2011. PER COURT : . The present petitioners had moved a transfer petition U/Sec. 24 of the Code of Civil Procedure before the District Judge on the ground that the petitioner No. 1 and the petitioner No. 2 though have filed separate suits are members of same family, the executants of the agreements in favour of petitioners are also members of same family, the property is situated in the same village. As such, for the sake of convenience the suit be tried in one Court. The District Judge rejected the said application. Aggrieved thereby the plaintiffs in both the suits have filed the present petition. 2 wp 4104.11 2. Shri Golewar, the learned counsel for petitioners contended that the rejection of the earlier application would not be a hurdle. The earlier application filed for transfer of the proceedings was on a different ground. According to the learned counsel, the plaintiffs in both the suits are husband and wife. The defendants in both the suit are also members of the same family. Thus, because the agreements are different, that would not make much difference, as much of their evidence is to be led is the similar. As such, the Court should have transfered the said suits. 3. It is not the case that, there is one agreement and vendor is the same. The agreements in favour of petitioner No. 1 and petitioner No. 2 are separate. The alleged vendors are also separate. The properties are also different. The respondents have also not agreed for the transfer. In the light of above facts and in view of the fact that earlier application for transfer was also rejected, I do not see any fault in the order passed by the District Judge. In the light of that, no case for interference is made out. The writ petition is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/June 11