IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO. 4715/2008 [Vishranti Gulabrao Meshram ..vs. Dudharam Karambe] ===================================== CORAM: S.R. DONGAONKAR, J. DATE:6.2.2009 . Heard Shri Gupte, Advocate for the petitioner and Shri Rehpade, Advocate for respondent. By this petition, the petitioner/ defendant is challenging the order passed by the Civil Judge, Junior Division, Pauni, in Regular Civil Suit No.30/2008 whereby he had stayed the proceedings of the suit till final judgment of the Special Civil Suit No.38/2008 pending before the Civil Judge, Senior Division, Bhandara. This court on 10.11.2008 passed the following order: “Advocate Shri Gupte after some arguments agrees to transfer of Reg. C.S. No.30/2008 to the court of C.J.S.D. Bhandara for its trial along with Reg. C.S.No.38/2008, hence notice for final disposal, returnable on 1.12.2008. Notice through court as also by Hamdast.” Learned counsel for the respondent in these circumstances of the case has no objection if the present R.C.S.30/2008 is transferred to the court of Civil Judge, Senior Division, Bhandara, and if it is permissible in accordance with law, to be decided along with Civil Suit No.38/2008 between the parties. Earlier the suit for permanent injunction bearing R.C.S.No.30/2008 was filed. Later on the suit for specific performance of contract was filed which is pending before Civil Judge Senior Division Bhandara and said court has the jurisdiction over the other suit also. Hence there is no hurdle in transferring the R.C.S.No30/2008 to the court of Civil Judge, Senior Division, Bhandara. Subject matter between the parties, in both the suits is the same, so also the parties. Hence it will be proper that both these suits are decided by the same Court. Accordingly the petition is allowed. Order dated 8.7.2008 impugned in this petition is hereby set aside. Regular Civil Suit No30/08 pending before the Court of Civil Judge, Junior Division, Pauni is transferred to the court of Civil Judge, Senior Division, Bhandara, for disposal in accordance with law, along with Civil Suit NO.38/2008, between the same parties. Petition stands disposed of. No order as to costs. JUDGE smp.