: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.36 OF 2009 Surekha @ Sujata Shrenik Vora & anr. ... Applicants V/s. Hiralal @ Hirachand Motilal Vora & Ors. ... Respondents Mr.M.A. Utagikar for Applicants Mr.Ajit Kenjale for Respondent Nos.1 to 4, 6 to 9 CORAM: SMT.NISHITA MHATRE, J. DATED: JANUARY 29, 2010 P.C.: 1. The miscellaneous civil application has been filed for transfer of the partition suit which is pending before the Civil Judge Junior Division, Phaltan to the Civil Judge Junior Division, Malshiras. It appears that applicant No.1 married Respondent No.3 on 11.8.1985. Applicant No.1 has preferred Hindu Marriage Petition No.21 of 1990 against Respondent No.3 for restitution of conjugal rights. That petition was compromised. Respondent No.5 is the son of applicant No.1. Respondent No.3 filed a suit for partition and separate possession against the respondents being Regular Civil Suit No.255 of 1992 before the CJJD, Satara. That suit is contested by Respondent Nos.1 to 4. Applicant No.1 has preferred Regular Civil Suit No.381 of 1999 for maintainance against Respondent No.3. That suit is pending before the CJJD, Malshiras as the applicant is residing in Akluj, Taluka Malshiras. : 2 : 2. After the Court of the CJJD was established in Phaltan, RCS No.255 of 1992 was transferred to Phaltan from Satara. Respondent No.5 filed an application for granting maintainance against respondent Nos.1 to 4. It appears that on 26.9.2007, the CJJD, Phaltan has allowed the application for maintainance which is not being paid according to the applicants at regular intervals. The applicants contend that it is difficult to attend the Court proceedings before the CJJD, Phaltan and therefore have requested that the R.C. Suit No.33 of 2001 pending before the CJJD, Phaltan should be transferred to Malshiras. 3. In my opinion, the transfer sought would gravely prejudice the nine respondents who are parties to the suit. Two of them are senior citizens and therefore it would not be appropriate to direct such a transfer. If according to the applicants, respondent No.3 has not paid the maintainance amount as directed by the Court they can adopt such proceedings as may be advised and available to them in law. However, the transfer cannot be effected for that reason. 4. Therefore, the application is dismissed. However, respondent No.3 shall pay costs of travel to the applicant to Phaltan from Malshiras on each date of hearing of the suit. Respondent No.3 shall pay costs of Rs.300/- to the applicant on each date of hearing. This amount shall be paid in advance.