MCA/2799/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 2799 of 2007 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 ? ========================================================= SHWETABEN ZAVERBHAI PATEL - Applicant(s) Versus NATWARLAL AMBALAL DESAI THROUGH POA RASHMIKANT R PATEL & 3 - Opponent(s) ========================================================= Appearance : MR ARPIT A KAPADIA for Applicant(s) : 1, MR CHIRAG PATEL FOR MR BS PATEL for Opponent(s) : 1 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 31/07/2008 ORAL JUDGMENT 1. RULE. Mr.Chirag Patel, learned advocate appearing on behalf of Mr.B.S. Patel, learned advocate, waives the service of notice of admission on behalf of the respondents. MCA/2799/2007 2/3 JUDGMENT 2. With the consent of the learned advocate appearing on behalf of the respective parties, the matter is taken up for final hearing today. 3. Present petition is filed by the petitioner – original defendant of Regular Civil Suit No. 72 of 2007 pending in the court of Additional Civil Judge (J.D.), Gandevi, under sec.24 of the Code of Civil Procedure to transfer Regular Civil Suit No. 72 of 2007 from the court of learned Principal Senior Civil Judge, Gandevi, District Navsari to the Civil Court, Vadodara. 4. Mr.Kapadia, learned advocate appearing on behalf of the petitioner has submitted that as such the respondents have initiated two proceedings in the court of learned Civil Judge, Vadodara and therefore, the proceedings initiated by the respondents in the Civil Court at Gandevi, are required to be transferred to the Civil Court, Vadodara and there will not be any inconvenience to the respondents as they themselves have initiated proceedings at Vadodara. 5. Mr.Chirag Patel, learned advocate appearing on behalf of the respondents has submitted that as the property is situated in Gandevi, the proceedings are initiated in the Civil Court at Gandevi. However, he has submitted that in MCA/2799/2007 3/3 JUDGMENT the facts and circumstances and more particularly when the petitioner is seeking transfer of the proceedings, his client – petitioner herein – original defendant will not raise any technical objection more particularly territorial jurisdiction. 6. Having heard the learned advocate appearing on behalf of the respective parties and in the facts and circumstances of the case, more particularly considering the fact that the respondents have initiated two proceedings at Vadodara, the application is required to be allowed. 7. In the result, the petition succeeds. It is hereby ordered to transfer Regular Civil Suit No. 72 of 2007 from the court of learned Principal Senior Civil Judge, Gandevi, District Navsari to the Civil Court, Vadodara. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs. [M.R. SHAH, J.] rafik