In present petition filed as writ petition under Article 226 & 227 of the Constitution of India, Petitioner Plaintiff has challenged the order dated 15/2/2010 passed below Ex. 101 by Joint Civil Judge, Junior Division, Warud, rejecting his application to transfer Regular Civil Suit No. 119/2000 filed by him for specific performance along with counterclaim of Defendants for his eviction, for possession and damages to the court of Civil Judge, Senior Division, Amravati. The transfer is sought by pointing out claim in suit valued at Rs.70,600/-and claim in counterclaim valued at Rs.40,000/- being above Rs. One lac, exceed the pecuniary jurisdiction of court of Junior Division. Trial Court has found that immovable property involved in specific performance and in eviction or recovery of possession proceedings is same and can not be clubbed or added again to determine its jurisdiction. Notice for final disposal is already issued by this Court. Hence, heard finally by making Rule returnable forthwith.

2. Advocate Deshpande has relied upon AIR 2007 Ker.69 "Pampara Philip v. Koorithottiyil Kinhimohammed", and the decision of Hon'ble Full Bench of that Court in A. Z. Mohammed Faroo