Gujarat High Court
Sabera Begum D/O Badarali Tirmizi And ... vs Heirs Of Decd. Muzaffarali Badarali ... on 15 October, 2025
NEUTRAL CITATION
C/SCA/19946/2019 ORDER DATED: 15/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19946 of 2019
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SABERA BEGUM D/O BADARALI TIRMIZI AND W/O FARIDMIYA SAIYED
Versus
HEIRS OF DECD. MUZAFFARALI BADARALI TIRMIZI & ORS.
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Appearance:
MR. MR BUKHARI(6919) for the Petitioner(s) No. 1
MEETKUMAR J PANDIT(9479) for the Respondent(s) No. 3.1,3.2,3.3,3.4
NOTICE SERVED for the Respondent(s) No. 1.1,1.3,1.4,2,4.1,4.2,4.3,4.4,5
NOTICE UNSERVED for the Respondent(s) No. 1.2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 15/10/2025
ORAL ORDER
1. Rule returnable forthwith. Learned Advocate Mr. Pandit waives service of notice on behalf of the respondent Nos.3.1 to 3.4. Though served, none appears for the rest of the respondents. With the consent of the parties, the matter is taken up for hearing.
2. Heard learned Advocate Mr. P. S. Palmar for Mr. M. R. Bukhari for the petitioner and learned Advocate Mr. P. R. Nanavati with Mr. Meetkumar J. Pandit for the respondents.
3. The present writ application is filed under Article 227 of the Constitution of India, seeking the following reliefs:
"(A) This Petition may kindly be admitted;Page 1 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 01:47:25 IST 2025
NEUTRAL CITATION C/SCA/19946/2019 ORDER DATED: 15/10/2025 undefined (B) Hon'ble Court may be pleased to issue a writ of certiorari or any other appropriate writ, order or directions for quashing and setting-aside the Judgment and Order dated 19-06-2019 passed by the learned Principal District and Sessions Judge, Ahmedabad (Rural) in Civil Misc. Application No. 68 of 2018 (Annexure-A) by allowing Civil Misc. Application No. 68 of 2018 in toto;
(C) Pending admission, hearing and final disposal of this Petition, this Hon'ble Court may be pleased to stay further hearing of Regular Civil Suit No. 222 of 2017 pending in the Court of the learned Senior Civil Judge, Ahmedabad (Rural) as also Special Civil Suit No. 423 of 2015 pending in the Court of the learned Principal Senior Civil Judge, Ahmedabad (Rural); (D) Any other and further relief as the Hon'ble Court may deem just and proper in the facts and circumstances of the case may please be granted to the Petitioner."
4. At the outset, learned Advocates appearing for the respective parties, would submit that as such both suits in question are filed seeking relief of partition of suit properties, which is in fact common.
5. It appears that the petitioner herein filed impugned application under Section 24 of the Code of Civil Procedure, 1908, thereby, sought transfer of Regular Civil Suit No. 222 of 2017 filed by the respondent herein pending before the Principal Senior Civil Judge, Ahmedabad (Rural) Mirzapur, to the court where his suit being Special Civil Suit No. 423 of 2015, is pending for adjudication.
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NEUTRAL CITATION C/SCA/19946/2019 ORDER DATED: 15/10/2025 undefined
6. After hearing the parties, the aforesaid application filed before the Principal District and Sessions Judge, Ahmedabad (Rural), came to be rejected vide its impugned judgment and order dated 19th June 2019. Hence the present application.
7. Having heard the learned Advocates appearing for the respective parties, it remained undisputed on record that both the suits are seeking partition of the suit properties and so also declaration. When such would be the fact, it is desirable that both the suits be tried together by one court to avoid any conflict of judgment/decree in such suits.
8. As such, learned Advocates appearing for the respective parties are not inviting more reasons in the matter, this Court also would not like to much dwell into the application, except to observe that it would be in the interest of the parties that both the suits be tried by one court.
9. In light of the aforesaid, the present writ application requires to be allowed.
10. Consequently, the impugned order dated 19th June 2019 passed by the Principal District and Sessions Judge, Ahmedabad (Rural) in Civil Miscellaneous Application No. 68 of 2018 is Page 3 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 01:47:25 IST 2025 NEUTRAL CITATION C/SCA/19946/2019 ORDER DATED: 15/10/2025 undefined hereby quashed and set aside.
11. Accordingly, the impugned transfer application, being Civil Miscellaneous Application No. 68 of 2018, is hereby allowed in terms of Para 6(A) of such impugned application.
12. Having granted the impugned application, the concerned Trial Court before whom Regular Civil Suit No. 222 of 2017 is pending is requested to send all the papers of the aforesaid suit to the concerned Court/Trial Court before whom Special Civil Suit No. 423 of 2015 is pending before the Principal Senior Civil Judge, Ahmedabad (Rural) Mirzapur.
13. Once the transferred suit received by the Court concerned, both the suits be tried together.
14. Rule made absolute accordingly. No order as to cost.
(MAULIK J.SHELAT,J) NILESH Page 4 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 01:47:25 IST 2025