1. Present application is filed by the applicants-original appellants of Regular Civil Appeal No.1 of 2006 under Section 24 of the Code of Civil Procedure, to transfer the said appeal from the Court of learned Joint District Judge, Vyara to the Family Court at Ahmedabad.
2. It appears that the said appeal is arising out of the order passed by the learned Principal Civil Judge (J.D.), Vyara, passed in Civil Suit No.114 of 2003, and the appeal is preferred by the applicants and even at the relevant time when the appeal was preferred, the applicants were residing at Ahmedabad and therefore there are no change circumstances. Even otherwise, in an appeal, the presence of the applicants are not required and/or must. Under the circumstances, the appeal pending in the court of learned Joint District Judge, Vyara is not required to be transferred at this stage. In the facts and circumstances of the case, the appellate court is directed to decide and dispose of the appeal i.e. Regular Civil Appeal No.1 of 2006 as early as possible but not later than 30th June, 2009. If ultimately the proceedings of Civil Suit No.114 of 2003 are restored, it will be open for the applicants to move an appropriate application for transfer of the said proceedings which shall be considered in accordance with law and on merits.
3. With these, present application is disposed of with no order as to costs.
( M.R. SHAH, J. ) syed/ Top