32-MCA-329-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 329 OF 2025 Seema Ramdas Gawade. …Applicant Vs. Somnath Ramdas Gawade and Ors. …Respondents Mr. S. C. wakankar for the applicant. Mr. Arjun S. Pawar for respondent nos. 1 and 2. CORAM : GAURI GODSE, J. DATE : 9th SEPTEMBER 2026 ORDER : 1. This application is filed under Section 24 of the Civil Procedure Code, 1908 (“CPC”) for transfer of the suit filed for injunction by the respondent in the court at Pune to the court at Thane. The ground for transfer raised in the application is that since both the suit seeks reliefs in respect of the same property, it would be convenient that the suit filed in the court at Pune be transferred to the court at Thane. 2. The applicant’s suit is for partition and separate possession. The suit filed by the respondent is for injunction. Since the applicant’s suit is prior in time, it is always open for the applicant to file an application under Section 10 of the 1/2 Swapnil 32-MCA-329-2025.docx CPC, if the grounds contemplated under Section 10 of the CPC are available for stay of the proceedings. The ground raised in the application is no ground to permit transfer of the suit filed in the court at Pune to the court at Thane. 3. Even otherwise, learned counsel for the respondent submits that though they have filed the written statement, they are agreeable to amicably resolve the dispute and agree for partition and separate possession. Hence, it is open for the parties to file appropriate application in the trial court seeking decree for partition. 4. The miscellaneous civil application, is therefore, dismissed. 5. All the rival contentions of the parties on seeking decree for partition are kept open, to be decided in the trial court if an appropriate application is filed by the parties. [GAURI GODSE, J.] 2/2