Bombay High Court

SMT. SEEMA RAMDAS GAWADEversusSHRI SOMNATH RAMDAS GAWADE

Decided: 9 September 2026
Disposal: Dismissed

Holding

The application for transfer of the injunction suit under Section 24 CPC is dismissed as no sufficient ground exists.

Summary

The applicant filed a miscellaneous civil application under Section 24 of the Civil Procedure Code seeking transfer of a suit for injunction filed by the respondents in Pune to the court at Thane, arguing convenience because both suits relate to the same property. The applicant’s own suit for partition and separate possession is earlier in time. The court held that the ground raised does not justify transfer and that the applicant could instead seek a stay under Section 10 if appropriate. The respondents indicated willingness to settle and obtain a partition decree. Consequently, the application for transfer was dismissed, and the parties' claims for partition remain open for determination in the trial court upon proper application.

Issues considered

Whether a suit for injunction can be transferred to another court under Section 24 CPC on the ground of convenience due to a related suit.
Whether the existence of a prior partition suit provides a basis for transfer of the injunction suit.
Whether the applicant should instead seek a stay of proceedings under Section 10 CPC.

Legislation cited

Code of Civil Procedure, 1908 — s. 10, 24

Subjects

transfer of suit
Section 24 CPC
injunction
partition suit
jurisdiction
stay of proceedings
Civil Procedure Code

Judgment

                                                           32-MCA-329-2025.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                  MISC.CIVIL APPLICATION NO. 329 OF 2025
Swapnil
          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


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                                                 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.]




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