Sampada Suresh Katekar Alias Narmada Vithoba Takur vs Sushila Ramakant Alias Sushila Vithoba Thakur — Bombay HC (2025) — LawSathi Research

Sampada Suresh Katekar Alias Narmada Vithoba Takur vs Sushila Ramakant Alias Sushila Vithoba Thakur — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 18 September 2024 quashed and set aside with the consent of learned Counsel; RCS No.6 of 2015 transferred from the Civil Judge, Jr. Division, Uran to the Court of Civil Judge, Sr. Division, Panvel (seized with SCS No.332 of 2024) for hearing and disposal in accordance with law; record and proceedings to be transmitted within four weeks; parties to appear before the transferee Court on 15 December 2025; Writ Petition disposed accordingly.

Issue for consideration

Whether RCS No.6 of 2015 and SCS No.332 of 2024, which arise from the same genesis and in which identical questions of facts and law may arise, should be heard and decided together by one and the same Court, and consequently whether the impugned order dated 18 September 2024 should stand quashed and RCS No.6 of 2015 transferred to the Court seized with SCS No.332 of 2024.

Court's answer

The dispute in RCS No.6 of 2015 and SCS No.332 of 2024 has the same genesis.

Ratio / Principle

To avoid duplication of efforts on the part of the parties and the Courts in trying the two suits separately, it is expedient in the interest of justice that both suits be heard and decided by one and the same Court, simultaneously.

Key takeaways

With the consent of the learned Counsel for the parties, the impugned order dated 18 September 2024 stands quashed and set aside.ratio¶3
RCS No.6 of 2015, pending before the learned Civil Judge, Jr. Division, Uran, stands transferred to the Court of Civil Judge, Sr. Division, Panvel, who is seized with SCS No.332 of 2024, for hearing and disposal in accordance with law.ratio¶4
The learned Civil Judge, Jr. Division, Uran, is directed to transmit the record and proceedings in RCS No.6 of 2015 with such despatch that they reach the Court of Civil Judge, Sr. Division, Panvel within four weeks.

Detailed headnote1 paragraphs

2025:BHC-AS:48285 — High Court of Judicature at Bombay, Civil Appellate Jurisdiction (N.J. Jamadar, J.), Writ Petition No.14329 of 2024, decided 11 November 2025: Consolidation/transfer of suits — RCS No.6 of 2015, pending before the learned Civil Judge, Jr. Division, Uran, and SCS No.332 of 2024, before the Civil Judge, Sr. Division, Panvel, arise from the same genesis and identical questions of facts and law may arise for determination in both; to avoid duplication of efforts on the part of the parties and the Courts, it is expedient in the interest of justice that both suits be heard and decided by one and the same Court, simultaneously. With the consent of learned Counsel for the parties, the impugned order dated 18 September 2024 stands quashed and set aside; RCS No.6 of 2015 is transferred to the Court of Civil Judge, Sr. Division, Panvel, who is seized with SCS No.332 of 2024, for hearing and disposal in accordance with law; the transferring Court is directed to transmit the record and proceedings within four weeks; parties to appear before the transferee Court on 15 December 2025. Writ Petition disposed.

2025:BHC-AS:48285

29 wp 14329 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14329 OF 2024

Sampada Suresh Katekar @ Narmada Vithoba T akur

... Petitioner

versus

Sushila Ramakant @ Sushila Vithoba Thakur and Ors.

… Respondents

Mr. G. Praveen Babu with Mr. Vilas L. Tendolkar, Mr. Yogesh G. Pednekar, Mr. Saikrushana Suvilash, for Petitioner.

Mrs. Priyanka Thakur with Mr. Pratik Kasukar for Respondent.

CORAM: N.J.JAMADAR, J.

DATE : 11 NOVEMBER 2025

P.C.

Heard the learned Counsel for the parties.

The genesis of the dispute in RCS No.6 of 2015 and SCS No.332 of

2024 is the same. Identical questions of facts and law may arise for determination in both the suits. Thus, to avoid duplication of efforts on the part of the parties as well as the Courts in trying the aforesaid two suits separately, it would be expedient in the interest of justice that both the suits are heard and decided by one and the same Court, simultaneously.

Therefore, with the consent of the learned Counsel for the parties, the impugned order 18 September 2024 stands quashed and set aside.

RCS No.6 of 2015, pending on the file of the learned Civil Judge, Jr. Division, Uran, stands transferred to the Court of Civil Judge, Sr. Division,

SSP 1/2

29 wp 14329 of 2024.doc

Panvel, who is seized with SCS No.332 of 2024, for hearing and disposal in accordance with law.

Learned Civil Judge, Jr. Division, Uran, is directed to transmit the record and proceedings in RCS No.6 of 2015 with such despatch that it reaches the Court of Civil Judge, Sr. Division, Panvel within a period of four weeks from today.

The parties shall appear before the Court of Civil Judge, Sr. Division, Panvel on 15 December 2025.

The Writ Petition stands accordingly disposed.

( N.J.JAMADAR, J. )

SSP

Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 12/11/2025 18:14:12