1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO.23 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Heard Advocate Shri Rajendra S. Deshmukh, Advocate, for the applicant. 2. This is an application for transfer of Regular Civil Appeal No. 20 of 2009 from the file of the District Judge, Ambejogai to this High Court. It is submitted by Advocate Shri Deshmukh for the appellant that the appellant entered into agreement for sale with respondent on 15.4.2004. For specific performance of the said agreement, he filed special civil suit 2 No. 24 of 2005 in the court of Civil Judge, Senior Division, Ambejogai. Since the relief of specific performance was not granted, first appeal No. 529 of 2009 was filed in this High Court. 3. At about same time, Respondents filed R.C.S. No.42 of 2005 in the civil court at Ambejogai, seeking declaration and injunction and the said suit came to be decreed, against which present applicant has filed R.C.A. No.20 of 2009 in the District Court, Ambejogai. 4. It is submitted by Advocate Shri Deshmukh that in both the suits questions of execution of agreement of sale, right to get specific performance and possession arise. Evidence in both the suits was commonly recorded and, 3 therefore, in the interest of justice, it would be proper if R.C.A. No.20 of 2009 is called and heard together with First Appeal No.529 of 2009 by the High Court. 5. After perusing papers produced before me and having heard Advocate Shri R.S.Deshmukh for the applicant, I am satisfied that this application deserves to be allowed. Hence, Miscellaneous Civil Application is allowed in terms of prayer clause (B). Application disposed of. Date:14/10/2009 (P.R.BORKAR, J.) pnd/mca23.09