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MCA/2930/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 2930 of 2009
=========================================================
JIGNESHBHAI
RAMESHWARBHAI CHAUDHARY & 1 - Applicant(s)
Versus
JIGNABEN
JIGNESH CHAUDHARY - Opponent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Applicant(s) : 1 - 2.MR PP MAJMUDAR for Applicant(s) : 1 - 2.
NOTICE
SERVED for Opponent(s) : 1,
MR ASHISH M DAGLI for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 22/03/2010
ORAL
ORDER
1. The
present application has been preferred with a request that Regular
Civil Suit No.186/2009, which is presently pending in the Court of
learned Principal Senior Civil Judge, Rajkot may be transferred to
Surat, where the applicants are residing.
2. Heard
Mr.Majmudar, learned advocate for the applicants and Mr.Ashish M.
Dagli, learned advocate for the opponent.
3. Mr.Majmudar
has submitted that the application filed by the present applicants
under the provisions of Guardians & Wards Act, is pending in the
Court of learned District Judge, Vyara. He has also submitted that
the opponent herein had preferred an application being Misc. Civil
Application (For Transfer) No.1222/2006 in this Court seeking
transfer of the said Application No.4/2006 filed under the Guardians
& Wards Act, from Surat to Rajkot on the grounds mentioned in
Application No.1222/2006. He has submitted that the said application
came to be disposed of by this Court by an order dated 05.09.2006,
however, certain conditions were imposed by the Court, which present
applicants have complied with. He has submitted that Regular Civil
Suit No.186/2009, which is filed (suit is for declaration and
permanent injunction only) with a view to harassing present
applicants. He has submitted that though the applicant is ready and
willing for reunion and has also shown their readiness to go before
the mediation center however any positive response from the opponent
has not been received and the opponent is prosecuting the said Civil
Suit. He has submitted that the two children born out of the wedlock
are staying with the applicants and if the applicant is required to
travel for prosecuting the suit proceedings at Rajkot, it would cause
undue hardship and harassment to the applicants. The applicant has,
therefore, prayed for transfer of the suit proceedings from Rajkot
to Surat. Per contra, Mr.Dagli has opposed the application and
submitted that the request is unsustainable in view of the issue
relating to the jurisdiction of the Court.
4. Regular
Civil Suit No.186/2009, which has been filed by the present opponent
pertains to immovable property situate in Rajkot. It is obvious that
the suit has been filed at Rajkot keeping in view the territorial
jurisdiction of the Court, where the immovable property is situate.
It is not in dispute that the suit property is situate in
local/territorial jurisdiction of Civil Court at Rajkot. Such suit,
wherein the subject matter/the suit property is within the
territorial jurisdiction of particular Court, cannot be transferred
to a Court which would not have territorial jurisdiction. Hence, the
request made by the applicants does not deserve to be entertained on
this ground alone. Application, in view of the issue relating to
territorial jurisdiction is not sustainable, and therefore, the same
deserves to be rejected. Hence, the present application is rejected
with no order as to costs.
(K.M.Thaker,J.)
rakesh/
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