1 mca47.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 47 OF 2011 Yogesh s/o Dhondopant Niturkar, Age: 33 years, Occ: Doctor, R/o. Sangameshwar Housing Society, Near Kalika Devi Mandir, Latur and others. ...APPLICANTS VERSUS Dheeraj s/o Yogesh Miturkar, Age: 2 years, Occ: Nil, R/o. At present c/o. Dr. Meena Vnyankatesh Joshi, Shri Clinic, Main Road, Dharmabad, Tq. Dharmabad, Dist. Nanded, & another. ...RESPONDENTS ... Mr. Madhav Ghode, Advocate for applicants. ... CORAM: S.S. SHINDE, J. DATE : 12TH SEPTEMBER, 2011 PER COURT : . This Misc. Civil Application takes exception to the judgment and order passed by the Principal District Judge, Latur on 29-06-2011 in M.A. No. 56 of 2010. 2 mca47.11 2. It is the case of the applicants that, Special Civil Suit No. 13 of 2010 for partition is filed by the respondents which is pending before the Court of the Civil Judge, Senior Division, Nilanga. Learned Counsel appearing for the applicants invited my attention to the grounds taken in the application and submitted that, applicant Nos. 1,2 and 4 are Doctors by profession and therefore, the proceeding which is pending before the Court of the Civil Judge, Senior Division, Nilanga be transferred to the Court of the Civil Judge, Senior Division, Latur. It is further submitted that, other properties are situated at Latur. Respondent No.2 has given power of attorney to her father who is a mischievous person who can use political influence and who is of criminal mind having criminal antecedents and therefore, it will be difficult to the applicants to attend the proceeding at Nilanga. It is further submitted that, applicant No. 3 is above 65 years of age and on that ground 3 mca47.11 also, transfer is sought. It is further submitted that, applicant No. 3 has the symptoms of depression and hypertension whereas applicant Nos. 1, 2 and 4 are doctors by profession. On the grounds taken in the application, the Counsel appearing for the applicants would submit that, this application may be allowed. 3. I have given due consideration to the submissions of the learned Counsel for the applicants. From perusal of title clause of the Misc. Civil Application, it is abundantly clear that non applicant No.1 Dheeraj whose age is 2 years and non applicant No.2 Yugandhara is wife of applicant No.1. If Nilanga is a convenient place for wife and she has instituted suit there and if she has child of two years, the balance of convenience would certainly lie in favour of respondent No.2. That apart, nothing has been placed on record to suggest that, father of respondent No. 2 is having criminal mind and criminal antecedents. Therefore, in my considered 4 mca47.11 view, looking to the facts of this case, prayer of the applicants cannot be granted. Misc. Civil Application for transfer of the said proceedings stands rejected. [S.S. SHINDE, J.] sut/SEP11