MCA/914/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 914 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 ? ========================================= = VASANTBHAI HARIBHAI GOPALAKA - Applicant(s) Versus SURESHKUMAR DEVCHANDJI KACHHUVA - Opponent(s) ========================================= = Appearance : MR MAHENDRA U VORA for Applicant(s) : 1, MR VC VAGHELA for Opponent(s) : 1, ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 14/07/2008 ORAL JUDGMENT 1. Heard learned advocate Shri M.U. Vora appearing on MCA/914/2008 2/3 JUDGMENT behalf of the applicant and learned advocate Shri. V.C. Vaghela appearing on behalf of the opponent. 2. The present application is filed by the applicant under Section 24 of the Civil Procedure Code to transfer Regular Civil Suit No. 26/2003, pending before the learned Civil Court, Dessa to the City Civil Court, Ahmedabad and to decide Summary Civil Suit No. 3186/2002, pending before the learned City Civil Court at Ahmedabad. 3. There is a broad consensus between the learned advocate appearing for the respective parties that instead of transferring both the cases at Ahmedabad, both the aforesaid proceedings be tried by the learned Civil Court at Mehsana. 3. In view of the above, Civil Suit No. 26/2003, pending in the Court of learned Civil Court, Deesa and Summary Civil Suit No. 3186/2002, pending in the Court of learned City Civil Court, Ahmedabad are ordered to be transferred to District Court, Mehsana and on such transfer, the District Judge, Mehsana will transfer the same to appropriate Court under its jurisdiction. 4. In the facts and circumstances of the case, the learned trial Court is directed to decide and dispose of the aforesaid suits as early as possible subject to cooperation by the concerned parties. With this, the present Miscellaneous Civil Application is allowed. Rule is made absolute accordingly. Direct service is permitted. (M.R. SHAH, J.) MCA/914/2008 3/3 JUDGMENT siji