Mpt WP No.814/11 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.814 of 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.P.P. Jadhav for the petitioner. CORAM : D.G. KARNIK, J DATE : 4th February 2011 P.C. : 1. This petition is directed against the judgment and order dated 22 December 2010 passed by the Principal District Judge, Kolhapur dismissing the petitioner’s application under section 24 of the Code of Civil Procedure for transfer of the suit to any other Judge. According to the petitioner, his application for framing of a preliminary issue was rejected by the trial Judge with costs and therefore he filed the application for transfer of the suit. The petitioner had also filed a writ petition challenging the order rejecting his application for framing of a preliminary issue. That writ petition (WP No.7190/10) was allowed by this court vide order dated 18 October 2010. Hence, the grievance of the petitioner that on account of non framing of the preliminary issue, prejudice is caused to him does not survive. 2. Merely because an interlocutory was passed in a suit is adverse to a party and is subsequently corrected by the appellate/writ court is no ground for transfer of the suit from the court of the Judge who passed the initial order. The learned District Judge has not committed any error in rejecting the application for transfer. Writ Petition is rejected summarily. (D.G. KARNIK, J.)