DEBABRATA MOHANTY Vs. SWARNAMAYEE MOHANTY

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) This transfer petition under Sec. 24 of CPC has been filed by the petitioner for transfer of CS (II) No. 1/2022 filed by the opposite party under Sec. 6 of the Commercial Court's Act, 2015 in the Court of learned Judge, Commercial Court, Cuttack, to the Court of learned Civil Judge (Senior Division), Dhenkanal where C.S. No. 263 of 2022, C.S. No. 264 of 2022 and C.S. No. 265 of 2022 filed by the opposite party are pending.

(3.) Mr. Rao, learned counsel for the petitioner submits that both the parties are permanent resident of Dhenkanal town and the dissensions arose in the family after the death of his mother and brother (who is the husband of the opposite party) during Covid-19 for which three suits have been filed by the petitioner in the Court of learned Civil Judge (Senior Division), Dhenkanal seeking partition and other reliefs. C.S. No. 263 of 2022 has been filed by the opposite party along with her minor daughter against the petitioner, C.S. No. 264 of 2022 has been filed by the opposite party along with her minor daughter against the petitioner and his sister and C.S. No. 265 of 2022 has been filed by the opposite party against the wife of the petitioner and all the cases are pending. CS (II) No. 01 of 2022 is the fourth case and has been filed in the Court of the learned Judge, Commercial Court, Cuttack claiming apportionment of rental from the usage of immovable properties. His further submission is that since three suits are already pending in Dhenkanal and the opposite party is staying in Dhenkanal, it would be convenient for both of them, if the CS (II) No. 1/2022 is transferred to the Court of learned Civil Judge (Senior Division), Dhenkanal. He further submits that the suit was posted to 27/7/2022 for appearance and now it is posted to 17/9/2022 for filing of written statement.