1 wp8411.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8411 OF 2010. M/s. Mahavir Realtors ... Petitioner. Vs. M/s Rajshree Shelters Pvt. Ltd., & Ors. ... Respondents ...... Mr. Suresh M. Sabrad for the petitioner. ...... CORAM : J.H. BHATIA, J. DATE : 21ST OCTOBER, 2010. P. C. 1. Heard the learned Counsel for the petitioner, who is original defendant No.8. The petitioner filed Misc. Application No. 304 of 2009 before the District Court for transfer of Special Civil Suit No. 325 of 2008 from the file of 2nd Jt. Civil Judge, S.D.,Kalyan under section 24 of Code of Civil Procedure. Main ground for transfer was that despite his application Exh.79 under Order 7 Rule 11 of CPC that trial Court had not passed any order on that application and had disposed of application Exh. 5. The learned District Judge rejected the application. It may be noted that the petitioner had earlier filed Civil Revision Application St. .No. 18838 of 2010, wherein he had contended that though the application 2 wp8411.10.sxw Exh. 79 was not heard, the trial Court had wrongly rejected it. This Court by order dated 29th September, 2010 held that the trial Court had not heard and decided application Exh.79 and it had wrongly noted that it was disposed of as per order on another application. Having come to that conclusion this Court had directed the trial Court to hear the parties and dispose of Exh.79 on its own merits and also directed that till decision of that application there shall be stay to further proceedings in the suit. By the above referred order the grievance of the petitioner was actually redressed and the trial Court was required to hear and dispose of the application Exh.79 on its own merits. Merely because the said application was not earlier disposed of the matter cannot be transferred from that Court to another Court. Therefore, I do not see any substance in the present petition. 2 Petition stand disposed of. J. H. BHATIA, J