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MCA/815/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 815 of 2008
With
CIVIL
APPLICATION No. 8157 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
GAUTAMBHAI
PUNJABHAI PALKHIWALA - Applicant(s)
Versus
ANILKUMAR
PUNJABHAI PALKHIWALA & 3 - Opponent(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Applicant(s) : 1,
NOTICE SERVED for Opponent(s) : 1, 3.2.1,
3.2.3,3.2.4
MS MEGHA JANI for Opponent(s) : 2,
None for
Opponent(s) : 3,
UNSERVED-EXPIRED (N) for Opponent(s) : 3.2.2
SERVED BY AFFIX.(N) for Opponent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/08/2008
ORAL
JUDGMENT
1. Heard
Shri Dakshesh Mehta, learned advocate appearing for the applicant
original defendant No. 4 and Miss. Shruti Pathak, learned advocate
for Miss. Megha Jani, learned advocate appearing for the respondent
No. 2. Though served, nobody appears on behalf of other respondents.
2. By
way of this application under Section 24 of the Code of Civil
Procedure, applicant original defendant No. 4 has prayed for an
appropriate order to transfer the Civil Suit No. 610 of 1997 pending
in the Court of learned Civil Judge (S.D.), Rural, Ahmedabad.
3. Shri
Mehta, learned advocate appearing for the applicant has submitted
that other proceedings being Civil Suit Nos. 1652 of 1981, 4380 of
1982, 3331 of 2003, 175 of 2007 and 295 of 2007 between the same
parties with respect to the same properties are pending in the City
Civil Court, Ahmedabad and, therefore, to avoid any conflicting
order, it is requested to transfer the proceedings pending in the
Court of learned Civil Judge, (S.D.), Rural, Ahmedabad to the learned
City Civil Court, Ahmedabad.
4. Miss.
Shruti Pathak, learned advocate for the respondent No. 2 has
submitted that she has not objection if the proceedings are
transferred to the learned City Civil Court, Ahmedabad.
5. Considering
the above, more particularly, when other proceedings stated herein
above between the same parties with respect to the same properties
are pending in the City Civil Court, Ahmedabad to avoid any
conflicting order it will be in the fitness of things to exercise the
power under Section 24 of the Code of Civil Procedure and to transfer
the proceedings pending in the Court of learned Civil Judge, (S.D.),
Rural, Ahmedabad to the learned City Civil Court, Ahmedabad.
6. For
the reasons stated above, application succeeds. Civil Suit No. 610 of
1997 pending in the Court of learned Civil Judge, (S.D.), Rural,
Ahmedabad is hereby ordered to be transferred to the City Civil
Court at Ahmedabad and to be heard with Civil Suit Nos. 1652 of 1981,
4380 of 1982, 3331 of 2003, 175 of 2007 and 295 of 2007. Rule is made
absolute, accordingly.
7. In
view of the disposal of the Miscellaneous Civil Application, no order
in Civil Application.
(M.R.
Shah, J)
Kaushik
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