1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR 1.Misc. Civil Application No. 677/2010 Smt. Savita wd/o Nandkishor Khatale and others .vs. Pushpa Nandkishor Khatale. 2. Misc. Civil Application Stamp No. 15333/2010 Pushpa wd/o Nandkishor Khatale and another vs. Savita Nandkishor Khatale and others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. O.Y.Kashid, Advocate for the applicants. Mr. Kalwaghe, Adv. For respondents. CORAM : S.A.BOBDE,J DATE : 16.9.2010 The applicant Savita wd/o Nandkishor Khatale has moved this application for transfer of Misc. Judicial Case No. 25/2010 from the file of the Civil Judge, Sr.Dn., Court No.1 Buldhana to the Civil Judge, Sr. Dn., Akola. 2. According to the applicant she is widow of Nandkishor Khatale in respect of whose property she has applied for succession certificate. Mr. Kashid, the learned counsel for the applicant submits that rival claim by the non applicant Pushpa wd/o Nandkishor Khatale has been filed for succession certificate at Buldhana claiming that she is also widow of Nandkishor but in fact she is not. Mr. Kashid submits that since the 2` applicant is residing at Akola and has filed application for succession certificate prior to the respondent the application filed by the respondent be transferred to the Court at Akola. 3. Mr. Kalwaghe, the learned counsel for the respondents submits that the respondent no.1 Pushpa was earlier married to Nandkishor. That said Mr. Nandkishor after obtaining a divorce married the applicant, Savita. This fact is strongly contested by the learned counsel for the applicant. It is, however, not necessary to decide or to make any observation on this controversy. 4. Mr. Kalwaghe rightly points out on the basis of the documents on record filed by the applicant that the applicant is a resident of Buldhana and there is no need to transfer the matter to Akola and that the matter can be heard conveniently at Buldhana. The submission of Mr. Kalwaghe deserves to be accepted also in view of the fact the applicant is drawing a pension and the non-applicant seems to have no ostensible source of income. 5. In the circumstances of the case, I see no merit in the application made by the applicant. On the other hand the application filed by the respondent Pushpa Khatale being MCA St. No. 15333/2010 is liable 3` to be allowed. 6. In the circumstances, the matter filed by the applicant being Misc. Judicial Case No. 151/2010 pending before the Civil Judge, Sr. Dn. Akola be transferred to the Court of Civil Judge, Sr.Dn., First Court, Buldhana to be heard along with MJC No. 25/2010. Both the applications disposed of. JUDGE patle