MCA/815/2008 1/3 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. MCA/815/2008 2/3 JUDGMENT 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 MCA/815/2008 3/3 JUDGMENT 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