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MCA/3181/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 3181 of 2009
=========================================================
ANIRBAN
ROY S/O LATE DEBKUMAR ROY - Applicant(s)
Versus
SMITAKSHI
ROY D/O SHILADITYA ROY - Opponent(s)
=========================================================
Appearance
:
MR
S M VATSA for
Applicant(s) : 1,
NOTICE SERVED for Opponent(s) : 1,
MR DHAVAL
D VYAS for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 18/01/2010
ORAL
ORDER
Heard
learned advocate Mr. SM Vatsa on behalf of applicant, learned
advocate Mr. DD Vyas appearing on behalf of respondent. In present
application prayer is made by applicant to transfer Spl. Civil Suit
no. 111/2009 from Civil Judge, (SD) Anand to Senior Civil Judge,
Baroda.
Considering
submission made by both learned advocates before this Court and
consent given by learned advocate Mr. Vyas that he has no objection
to transfer proceeding from Anand Court to Baroda Court as prayed by
applicant. This Court has considered only consent given by learned
advocate Mr. Vyas on behalf of opponent and not considered any
averment as well as allegation made by applicant against opponent.
Therefore,
it is directed to Principal District Judge, Anand to transfer Spl.
Civil Suit no. 111/2009 from Civil Judge (SD) Anand to Principal
District Judge, Baroda immediately. After receiving papers of Spl.
Civil Suit no. 111/2009 from Principal District Judge, Anand, it is
directed to Principal District Judge, Baroda to allot proceeding of
Spl. Civil Suit no. 111/2009 immediately to competent Court having
jurisdiction to decide it.
Learned
advocate Mr. Vatsa appearing on behalf of applicant submitted that
applicant has also filed proceeding before Delhi Court which has
been transferred by order dated 16/11/2009 to Baroda Court which is
likely to reach. Therefore, considering request made by both
learned advocates let both proceeding is to be decided together in
same Court having jurisdiction to decide inter se dispute between
parties. It is directed to concern Civil Court after receiving
papers from Principal District Judge, issue notice to respective
parties in both cases while fixing hearing in both matter and to see
that both matter must have to be decided together so both parties
shall have to remain present on same day and attend both proceeding.
The Tis hazari Court at Delhi has transferred HMP no. 6/2008 by
order dated 16/11/2009.
In
view of above observation and direction, present application is
disposed of.
(H.K.RATHOD,
J)
asma
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