1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5714/2009 Rab Yakub Tamboli Petitioner /Ori.Defendant Vs. Aziz Yakub Tamboli through L.Rs. Respondents Khatoon Aziz Tamboli & Ors. Ms.Gouri Godse for the petitioner Dr.Prakash K.Deshmukh for Res.1 to 7 CORAM: MRS.MRIDULA BHATKAR,J. DATE : 15th JANUARY,2010 P.C. . Heard finally by consent. 2] This petition is filed against the order dated 24/4/2009 passed by learned Principal District Judge, Alibaug, Raigad thereby rejecting the prayer of the petitioner of transferring Regular Civil Suit no.24/99 which is pending before the Court of Civil Judge, J.D. Pen to the Court of Civil Judge,Sr.Division, Alibaug where Special Civil Suit no.107/98 is filed for partition by the petitioner wherein property which is the subject matter of Reg.C.S.24/99 is claimed as a joint family property and Reg.C.S.24/99 is filed by the respondent against the petition for possession simplicitor and is pending before the Civil Judge,Jr.Division ,Pen. 2 3] Considering the prayers made in both the suits and the nature of the property as joint family property and possibility of anomaly if different verdicts are given by two Civil Courts , it is appropriate to transfer Reg.Civil Suit no.24/99 to the Court of Civil Judge,S.D. Alibaug where Special Civil Suit no.107/98 is pending. 4] Learned Civil Judge,S.D. to record the evidence separately in both the suits , however, the same Judge to decide both the suits. The petition is disposed of accordingly. (MRS.MRIDULA BHATKAR,J.)