LAWS(BOM)-2011-3-59

REKHA Vs. SHIVAJI BHIMRAO SAPATE

Decided On March 16, 2011
REKHA WD/O. LATE AVINASH RAUT Appellant
V/S
SHIVAJI BHIMRAO SAPATE Respondents

JUDGEMENT

(1.) By this Misc. Civil Application filed under Section 24 of the Code of Civil Procedure, the applicant is seeking transfer of Special Civil Suit No.166 of 2009 pending in the Court of 3rd joint Civil Judge, Senior Division, Latur, to the competent Court at Nagpur.

(2.) The facts of the case are as under :

(3.) Upon receipt of suit summons, the applicant/defendant has filed the present application for transfer of the proceedings from Latur to Nagpur on the ground that it would be extremely difficult for her to travel from Nagpur to Latur, which is more than 600 kms. The applicant/defendant is having two children, who are taking education at Nagpur, and is serving as Technician in the Maharashtra State Road Transport Corporation at Nagpur. According to the applicant/defendant, the journey from Nagpur to Latur would take around 16 to 18 hours, and hence in the interest of justice and to avoid the inconvenience that would be caused to her, the transfer of the proceedings has been sought.