ash 1 48mca-50.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION MISC. CIVIL APPLICATION NO.50 OF 2011 Smt. Rukminidevi R. Sharma .. Applicant Vs Suresh Rameshwarlal Saraswat. .. Respondent -- None for the Applicant. Shri Vivek V. Phadke i/by Kaikini Phadke & Associates for the Respondents. -- CORAM ; A.S. OKA, J DATED : 29TH APRIL, 2011 P.C. . None appears for the Applicant. Advocate for the Respondent is present. 2. Perused the report of the learned Principal District Judge, Thane. The report records that the learned Joint Civil Judge (J.D.) and Judicial Magistrate, First Class, Vasai, is suffering from an ailment and, therefore, he had to take leave for few days. The learned Principal District Judge has recorded a statement of member of the Staff of the Trial Court which reveals that whenever the learned Joint Civil Judge attends the Court, he hears the matters for the entire working day. 3. The learned Principal District Judge has noted that there ash 2 48mca-50.11 are other judicial officers available of the rank of Civil Judge, Junior Division at Vasai and in fact, on an application made by some of the parties, the learned Principal District Judge has transferred some of the suits from the Court of the learned Joint Civil Judge, Junior Division, Vasai to other Judges at Vasai. In this application, a prayer is made for transfer of the suit from the Court of the learned Joint Civil Judge, Junior Division, Vasai to City Civil Court at Mumbai. As there are other judges available in the Court at Vasai, there is no reason to transfer the pending suit to the City Civil Court at Mumbai. If the Applicant has any ground available, she can take recourse to the provisions of Section 24 of the Code of Civil Procedure, 1908 by making an application before the learned Principal District Judge, Thane. 4. Report of the learned District Judge shall be kept in a sealed envelope on record of this application and copies thereof shall not be provided to the parties to this application without prior permission of this Court. 5. The prayer made in this application is rejected. However, liberty is reserved to the Applicant to apply before the learned Principal District Judge, Thane. ( A.S. OKA, J )