Bombay High Court

NISHA VINOD YEOLEversusVINOD SUKHDEO YEOLE

Disposal: Rejected at Admission stage

Holding

The application under Section 24 CPC is rejected for want of prosecution.

Summary

The applicant filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure seeking to transfer Marriage Petition No. 377 of 2021 from Jalgaon to Beed. No notice was issued to the respondent in the application. When the matter was called for hearing, the applicant failed to appear. The Court held that the application could not proceed without the requisite notice and the applicant’s presence. Consequently, the application was dismissed for want of prosecution.

Issues considered

Whether an application under Section 24 CPC for transfer of a marriage petition can be entertained without notice and in the absence of the applicant's appearance?

Legislation cited

Code of Civil Procedure, 1908 — s. 24

Subjects

Section 24
transfer of suit
civil procedure
want of prosecution

Judgment

                             1                          06 mca 202.22

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

        MISC. CIVIL APPLICATION NO. 202 OF 2022

       Nisha Vinod Yeole                         ..   Applicant

               Versus

       Vinod Sukhdeo Yeole                       ..   Respondent

Shri Shashikant E. Shekade, Advocate for the Applicant.

                   CORAM : ROHIT W. JOSHI, J.
                    DATE : 30TH SEPTEMBER, 2026.

ORDER :


.      Present application is filed U/Sec 24 of the Code of Civil
Procedure seeking transfer of Marriage Petition No. 377 of 2021
from Jalgaon to Beed.


2.     Even notice is not issued in the present application.


3.     Today when the matter is called out, none appears for the
applicant. Misc. civil application is therefore rejected for want of
prosecution.

                                    [ROHIT W. JOSHI, J.]


bsb/Sept. 26

Continue reading with your account

Checking your session…