- 1 - 159.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN NO.159 OF 2011 1.Smt Harsha Sunil Malani 2.Shyam Balani 3.Lata Shyam Balana 4.Sitaldas C.Balani.. Applicants vs 1.Smt Sunita Ram Malani 2.State of Maharashtra .. Respondents Mr.P.D.Dalvi for Applicants Mr.J.B.Patil i.b Mr.G.V.Bhagat & Mr.Satish Patil for Respt no.1 Mr.A.S.Shitole APP for Respondents CORAM: K.U.CHANDIWAL, J DATE: 3rd October,2011 P.C. 1. Heard. The Applicants are inter se relations of Respondent no.1 Smt Sunita Malani. 2. In the complaint, purchase transaction - 2 - 159.11 of a flat at Deolali, Nasik allegedly by Respondent no.1 is referred. 3. Without adverting to the averments in the Petition, fact remains that Applicant no.1 has to maintain eight year old daughter. Her parents are 63 and 58 years old. Sham Balani is a patient of heavy diabetes suffering from prostrate gland. Applicant no.4 Sitaldas Balani is 73 years old suffering from several diseases and it is virtually difficult for Applicant nos. 1,2,3, and 4 to travel from Nasik to Kalyan to attend the matter. 4. Since parties are inter se related it would be better if they resolve the controversy and even otherwise calling the Applicants at the Court at Kalyan in the fact situation, is not feasible. Consequently, proceedings are transferred to - 3 - 159.11 the Court of Chief Judicial Magistrate at Nasik who will consider the same to retain either with him or to assign the case moved by Respondent no.1 to the appropriate Court dealing with concerned police station. Application allowed. K.U.Chandiwal,J