1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Misc. Civil Application No. 19 of 2009 (Charandas Bhagwandas Sahu & 5 ors. Vs. Sitaram Sukhdevji Rathi & anr.) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Vinay Barsainya, Adv. For the applicants. CORAM : Smt. Vasanti A. Naik, J. DATE : 13 th January, 2009 By this application, the applicants seek the transfer of Regular Civil Appeal No. 143 of 2006 pending on the file of the District Judge, Amravati, to this Court. The applicants/original defendants had preferred an appeal being Regular Civil Appeal No. 143 of 2006, challenging the decree passed by the trial Court on 29/7/2006, to the extent of grant of damages of Rs. 2 lakhs with interest @ 6% per annum from the date of sale till its realisation. The applicants had also filed an application for stay of execution proceedings for recovery of damages of Rs. 2 lakhs. The District Judge, Amravati, however, rejected the said application for stay, at Exh. 7, on 25/11/2008, on the ground that the appeal against the decree dated 29/7/2006, would lie only to the High Court. In stead of withdrawing the appeal 2 filed by the applicants before the District Judge, Amravati, the applicants have moved this Court for transfer of the regular civil appeal, under Section 24 of the Code of Civil Procedure. The applicants also seek a stay to the Special Darkhast No. 52/2006 pending on the file of the Civil Judge, Senior Division, Nagpur. The application under Section 24 of the Code of Civil Procedure is misconceived. The applicants could have as well withdrawn the Regular Civil Appeal No. 143 of 2006 pending on the file of the District Judge, Amravati and presented the appeal in the High Court. It appears that the applicants were desirous of seeking a stay to the Special Darkhast No. 52/2006 and hence this miscellaneous civil application is filed. No case whatsoever has been made out for transferring the Regular Civil Appeal no. 143/2006 on the file of the District Judge, Amravati, to this Court, for the reasons stated herein above. M.C.A. is dismissed with no order as to costs. JUDGE RMP