1 WP5566.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5566 OF 2011 [Kiran Ashok Agarwal & Anr. vs.Bababai Laxman Pawar & Ors. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.S. Gangakhedkar, Advocate for petitioners. CORAM : S.S. SHINDE, J. DATE : 16TH AUGUST, 2011 PER COURT : This Writ Petition is filed challenging the order dated 25-04-2011 bearing No. JUDL/79/2011 having outward No. JUDL/8169/2011 passed by the Principal District and Sessions Judge, Aurangabad, thereby transferring the Special Civil Suit No.176 of 2011 ( Old R.C.S. No.576 of 2002) from the Court of 3rd Joint Civil Judge, 2 WP5566.11 Senior Division, Aurangabad to the Court of 4th Joint Civil Judge, Senior Division, Aurangabad. 2. It is the contention of the petitioners that, the parties to the proceedings have not filed any application for the transfer of the Special Civil Suit No.176 of 2011 ( Old R.C.S. No.576 of 2002) from the Court of 3rd Jt. Civil Judge, Senior Division, Aurangabad to the Court of 4th Jt. Civil Judge, Senior Division, Aurangabad and in absence of such application, the Principal District and Sessions Judge, Aurangabad has transferred the Special Civil Suit No.176 of 2011 ( Old R.C.S. No.576 of 2002) from the Court of 3rd Jt. Civil Judge, Senior Division, Aurangabad to the Court of 4th Jt. Civil Judge, Senior Division, Aurangabad without assigning any reason. 3 WP5566.11 3. This matter was heard by this Court on 04-08-2011 and report is called in a sealed envelope from the Principal District and Sessions Judge, Aurangabad. 4. After perusal of the said report, I am satisfied that the Principal District and Sessions Judge, Aurangabad has rightly exercised the powers available to him and transferred the said matter from the Court of 3rd Jt. Civil Judge, Senior Division, Aurangabad to the Court of 4th Jt. Civil Judge, Senior Division, Aurangabad. 5. In my opinion, suo moto powers exercised by the Principal District and Sessions Judge, Aurangabad are perfectly within limitation. No interference is called for. Writ Petition stands dismissed. . Report received in a sealed envelope from the Principal District and 4 WP5566.11 Sessions Judge, Aurangabad should be preserved in a sealed envelope in the record of this Writ Petition. [S.S. SHINDE, J.] sut/AUG11