1. These applications have been filed praying for transfer of Regular Civil Suit No. 592 & 68 of 2003 pending before the Principal Senior Civil Judge at Morbi, Rajkot to any other district of State of Gujarat for further proceedings, trial and disposal.
2. The applicants have filed the aforesaid civil suits for possession of the shop in question from the respondent - original plaintiff and also for mesne profit. It is the say of the applicants that the respondent is an Advocate by profession who is practicing in a Court in Morbi Taluka and therefore they seek transfer of the proceedings outside Morbi Taluka.
3. As a result of hearing and perusal of records, keeping in mind the interest of both the parties this court is of the view that it shall be appropriate to transfer the proceedings outside Morbi. Accordingly, with the consent of both the sides, the following order is passed:
The Regular Civil Suits No. 592 & 68 of 2003 pending before the Principal Senior Civil Judge at Morbi, Rajkot are hereby transferred to Principal District Judge, Rajkot.
The Principal District Judge, Rajkot shall allot the aforesaid matters to the senior most Civil Judge (S.D.), Rajkot for hearing and disposal.
If an application is preferred by either side for expeditious hearing, the concerned court shall hear the matters expeditiously and dispose of the same at the earliest.
It is clarified that this Court has not entered into the merits of the matter and the aforesaid order is passed with the consent of both the sides.
4. With the above observations, applications are allowed. Rule is made absolute accordingly.
(K.S.
JHAVERI, J.) Divya// Top