Gujarat High Court Case Information System
Print
SCA/2517/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2517 of 2011
=========================================
UMABEN
WD/O LATE MAYURBHAI AMBALAL PATEL & 2 - Petitioner(s)
Versus
SONALBEN
D/O MAHESHBHAI AMBALAL PATEL & 6 - Respondent(s)
=========================================
Appearance :
MR
HM PARIKH for
Petitioner(s) : 1 - 3.
MR RASESH H PARIKH for Petitioner(s) : 1 -
3.
MR AJ PATEL for Respondent(s) : 1 - 2.
RULE SERVED for
Respondent(s) : 3 - 5, 7,
NOTICE SERVED BY DS for Respondent(s) :
6,
RULE NOT RECD BACK for Respondent(s) :
6,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/05/2011
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of India
the petitioners-original plaintiffs of Special Civil Suit No.
101/2004 have prayed for an appropriate order quashing and setting
aside the impugned order dated 13/01/2011 passed by the learned
Principal District Judge, Anand in Civil Miscellaneous Application
No. 51/2010 by which the application submitted by the petitioners
under Section 24 of the Code of Civil Procedure to transfer Special
Civil Suit Nos. 101/2004, 91/2003, 95/2003 and Regular Civil Suit No.
322/2003 to one Court has been rejected.
2. After
making some submissions on merits, it appears that there is a broad
consensus between the learned advocates appearing on behalf of the
respective parties to the effect that let all the suits be heard by
one Court in which Special Civil Suit No. 91/2003 is pending. The
learned advocates appearing on behalf of the respective parties do
not invite any further reasoned order. The learned advocates
appearing on behalf of the respective parties have requested to
direct the learned trial Court to finally decide and dispose of the
aforesaid suits at the earliest and within the stipulated time as the
suits are of the year 2003-2004.
3. In view
of the above broad consensus between the learned advocates appearing
on behalf of the respective parties recorded hereinabove, the present
Special Civil Application is disposed of by directing the learned
Principal District Judge, Anand to see that Special Civil Suit Nos.
95/2003, 101/2004 and Regular Civil Suit No. 322/2003 are
transferred to the Court before whom Special Civil Suit No. 91/2003
is pending and to see to it that all the aforesaid four suits are
decided and disposed of by one Court so as to avoid any conflicting
findings.
4. In the
facts and circumstances of the case, looking to the nature of
controversy and the fact that the Civil Suits are of the year
2003-2004, the learned trial Court before whom the aforesaid suits
shall be transferred is directed to finally decide and dispose of the
aforesaid suits at the earliest but not later than 31/03/2012. All
the concerned are directed to cooperate with the learned trial Court
in earlier disposal of the aforesaid suits and the learned advocates
have assured the Court that their counter part shall not ask for any
unnecessary adjournment.
5. With
this, the present Special Civil Application is disposed of.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
Top