1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO.1208 OF 2010 Sau.Sunita w/o Vijay Katkar VERSUS Shri Vijay s/o Arjun Katkar ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Shri N.B.Bargat, Counsel for the Applicant. A.g.Mujumdar, AGP for the Respondent Sole. CORAM : R. K.DESHPANDE, J. DATE : 28. JUNE, 2011. This application is under Section 24 for transfer of R.D.No.82 of 2007, pending in the Court of learned Principal Judge, Family Court, Nagpur to the Family Court, Pune for execution. Notice in this matter was issued for final disposal of the matter on 21.12.2010. The order is reproduced below-- “Issue notice for final disposal, to the respondent, returnable on 1.2.2011. .....2/- 2 It is made clear that if in spite of service of notice the respondent fails to appear in this Court, the matter shall proceed according to law without issuing any fresh notice.” Thereafter again, fresh notice was also issued on 3.2.2011. In addition to regular mode of service, the petitioner/applicant was permitted to serve the respondent by RPAD. On 24.3.2011, this Court passed an order as under-- “This is an application for substituted service upon the non-applicant. The last-known address of the non- application is given. The bailiff report and the police report show that the house is locked and that the non- applicant has sold the same and is not residing there. In view of this, the present application is allowed. The applicant is permitted to serve the non-applicant by affixing the notice on the last-known address, within a period of three weeks.” Thereafter on 21.4.2011, this Court passed an order as under-- .....3/- 3 “The Sub-Divisional Officer, Nagpur is directed to conduct an enquiry through some responsible officer, not below the rank of the Tahsildar, to find out as to whether the non-applicant Shri Vijay S/o Arjun Katkar is residing at the address i.e. 76-B, H.B.Estate, Sonegaon, Post Khamla, Tahsil & District Nagpur. He is further directed to submit the report in respect of the ownership of the said residential property. The report be submitted within a period of two weeks. Steno copy of the order be supplied to the learned AGP to act upon to communicate the same to the concerned Sub-Divisional Officer, asking him to submit the report.” The Sub-Divisional Officer has submitted his report to this Court on 13.6.2011, which shows that the property house located at 76-B, HB Estate, Sonegaon, Post Khamla, Nagpur, is standing in the name of respondent. However, with the report states from the information supplied by the neighbours, the property has been sold. Office note shows that the respondent has .....4/- 4 been served by substituted service. After going through the contents of the application, it is remained uncontroverted. I am satisfied that the case is made out for transfer of R.D.No.82 of 2007. Hence, the order is passed as under – R.D.No.82 of 2007 pending in the Court of learned Principal Judge, Family Court, Nagpur, be transferred to the Family Court, Pune. No order as to costs. JUDGE BrWankhede ...../-