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1992 DIGILAW 470 (MP)

Rekha Deshmukh v. Arun Waman Rao

1992-08-05

T.N.SINGH

body1992
JUDGMENT 1. A.II/92 is for interim relief. That is preferred by the petitioner-wife, whose prayer made in this petition under Section 24 CPC is for transfer of civil suit No.2/92 (NM) from the Court of District Judge, Vidisha to the Court of Competent Jurisdiction at Jabalpur. Shri R.D. Jain, who appears for the husband non-petitioner opposes the prayer vehemently and makes two submissions. He has firstly contended that this Court will not allow forum-shopping because earlier the petitioner did move the main seat for the same relief and she had withdrawn that application without leave of the Court. He has further submitted relying on this Court's Full Bench decision in Abdul Taiyab Abbasbhai Malik ( 1976 MPLJ 767 ) that appropriate orders to grant relief can only be made at Jabalpur and this Bench has no jurisdiction to deal with this petition. Faced with this situation Shri D.K. Katare submits that he will have no objection if the case is transferred to the main seat for hearing and disposal there. That prayer I find reasonable and it is..... allowed. Steps shall be taken by office to transmit records of this case to the main seat for hearing and disposal. Counsel undertake to appear at main seat on 2.9.1992 and pursue the matter there. It is made clear that no decision is rendered on merits in this petition and it shall be open to both sides to make all contentions when the petition is heard and decided on merits at the main seat.