IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4877/2007 (Madhorao Wasudeo Kurhekar vs. Mohan Waudeo Kurhekar and others) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 18 th JUNE, 2008. 1] Heard Shri G.S.Shukla, Advocate, for the petitioner and Shri V.D.Muley, Advocate, for respondent. 2] Considering the circumstances of the case, as the matter can be disposed of finally at the stage of admission itself, the parties are heard finally in details. 3] It appears from the impugned order of the learned Principal District Judge, Nagpur, in M.C.A. No. 247/2007, dated 26th June, 2007, that an application was moved for transfer of civil suit under Section 24 of the Code of Civil Procedure. It was sought that the Civil Suit No. 52/2006 which was filed in the Court of Civil Judge, Junior Division, Narkhed, by the applicant/ present petitioner in respect of field Survey Nos. 116, 117, 120 and 121 situated at Mouza Khapri, tahsil Narkhed, be transferred. The relief of permanent injunction is claimed by the applicant in that suit. It was also contended that respondent has filed Special Civil Suit No. 928/06for partition and separate possession against the petitioner, at Nagpur. As it was contended that the suit property involved in both the suits was the same, these suits should be decided together. 4] Learned District Judge has, however, found that the description of the parties in both the suit was not tallying. According to him, in Special Civil Suit No. 928/06, pending before Court of 5th Joint Civil Judge, Senior Division, Nagpur, the suit property was survey nos. 116, 117, 120 and 121 of Mouza Khapri, tq. Narkhed and in Regular Civil Suit NO. 52/06 pending in the Court of Civil Judge, Junior Division, Narkhed, the suit property was P.H. No.15. Therefore, the learned District Judge found that the suit properties in both the suits were different. As such they cannot be tried together. He also suspected bonafides of the applicant in making the application. 5] The learned counsel for the petitioner has invited my attention to Annexure E of the petition which shows Patwari Halka number comprises field survey Nos. 117, 121, 128 and 120 of Narkhed. 6] As regards discrepancy in field survey No. 116 and 128, learned counsel for the petitioner has drawn my attention to the affidavit filed by the petitioner at page 27 of the petition, saying “the land gat no. 15 reflected in 7/12 extracts and entries in form no.8 from Record of Rights filed by me comprises of field survey nos. 116, 117, 120 and 121”, which explains the said discrepancy. 7] Learned counsel for the respondents has no serious objection to consolidate both the suit together for trial considering the fact that the properties involved in both the suits are the same. He however, contended that the parties to the Narkhed Court i.e. respondent Nos. 2, 3 & 4 need to be deleted from that suit from the array of defendants in view of the order of this Court dated 13th February, 2008, in this proceedings, wherein the petitioner was permitted to delete respondent nos. 2, 3 & 4. 8] Accepting the undertaking of the learned counsel for the petitioner on instructions of petitioner that he would delete the defendants Nos. 2, 3 & 4 i.e. Smt. Lata Mohan Kurhekar; Sunil Ramchandra Navdhinge and Anandi Ramchandra Navdhinge from that suit within a period of two weeks from today, final orders in this petition can be passed. 9] As such, this petition is allowed. The order of the Principal District Judge, Nagpur in Misc. Civil Application No. 247/07, dated 26th June, 2007 is hereby quashed and set aside. It is ordered that Regular Civil Suit No. 56/06 pending on the file of Civil Judge, Junior Division, Narkhed, after deletion of defendant Nos. 2, 3 & 4 i.e. Smt. Lata Mohan Kurhekar; Sunil Ramchandra Navdhinge and Anandi Ramchandra Navdhinge, be transferred to the Court of 5th Joint Civil Judge, Senior Division, Nagpur, for trying the same along with Special Civil Suit No. 928/06. 10] Considering the circumstances of the case, learned 5th Civil Judge, Senior Division, Nagpur, is directed to dispose of these suits as early as possible preferably within a period of six months after receipt of R & P of Regular Civil Suit No. 52/2006. 11] Petition is disposed of in above terms. JUDGE Rvjalit