1 10 mca 94.08.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srk MISCELLANEOUS CIVIL APPLICATION NO. 94 OF 2008 Mallikarjun Ramkrishna Jedhe & Anr. ..Applicants. v/s. Smt. Ashwini Manoj Jedhe & Ors. ..Respondents. .... Ms. Deepti Pawar i/b Mr. S.S.Patwardhan for the Applicants. Mr. A.M.Kulkarni a/w Vaibhav Gaikwad for the Respondent nos.1 to 3. .... CORAM : J.H.BHATIA, J. DATE : 31ST AUGUST, 2010. P.C. 1 The Respondent no.1 is daughter-in-law of the present Applicants. Respondent no.2 and 3 are the minor children of the Respondent no.1. The Respondent no.1, 2 and 3 filed Special Civil Suit No. 119 of 2008 in the court of Civil Judge Junior Division at Sangli for partition and separate possession of certain family properties. The Applicants before this court are the original Defendant nos. 1 and 2 and they are residents of Kolhapur. Both are senior citizens, aged 76 years and 67 years respectively. 2 10 mca 94.08.doc According to them most of the properties are situated in Kolhapur district and only two properties are situated in Sangli district. None of the parties is residing at Sangli. It is convenient for them to travel from Kolhapur to Sangli to attend the suit and therefore, they have requested that the suit be transferred to Kolhapur. 2 Even though in the pleadings, the address of the Plaintiffs is shown at Sangli. The Plaintiff/Respondent no.1 has filed an affidavit in reply wherein, she has stated that she is residing at Pune. All the Defendants including the present Applicants are residents of Kolhapur. The Plaintiffs are also now residing at Pune. The description of the property shows that two pieces of agricultural land are situated at Tasgaon, District Sangli, while seven pieces of land are situated in Kolhapur district . Two house properties are also situated in Kolhapur city. In view of this, both the courts at Kolhapur and Sangli have got jurisdiction to entertain the suit. As none of the parties are living at Sangli and as all the Defendants are living at Kolhapur and as the Defendant nos. 1 and 2, who are the Applicants, are the senior citizens, it will be the interest of justice and convenient to all the parties that the suit be transferred from the file of the Civil Judge Senior 3 10 mca 94.08.doc Division, Sangli to the file of the Civil Judge Senior Division, Kolhapur. The learned counsel for the Applicants makes a statement that the Applicants are willing to pay transportation charges of the Respondent no.1 as and when she is required to attend the court at Kolhapur. 3 For the aforesaid reasons, the Special Civil Suit No.119 of 2008 is hereby withdrawn from the file of the Civil Judge Senior Division, Sangli and stands transferred to the file of the Civil Judge Senior Judge, Kolhapur for hearing and disposal as per law. The Defendant nos. 1 and 2 shall pay the transportation charges of the Plaintiff no.1 from Pune to Kolhapur as and when she is required to attend the court at Kolhapur in connection with the suit. The quantum of the transportation charges may be fixed by the Civil Judge Senior Division, Kolhapur. [ J.H.BHATIA, J. ]