Kanjibhai Godadbhai Chaudhary vs State Of Gujarat
2021 Latest Caselaw 7224 Guj

    C/MCA/326/2021                                   ORDER DATED: 29/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 326 of 2021

==========================================================
                     KANJIBHAI GODADBHAI CHAUDHARY
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR R G CHAUDHARY(6428) for the Applicant(s) No. 1
for the Opponent(s) No. 2,3,4,5,6
MR SHIVAM DIXIT, AGP for the Opponent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE

                               Date : 29/06/2021

                                ORAL ORDER

In this petition under Section 24 of the Civil Procedure Code, 1908 (Code for short), the following substantive prayer is made.

"9(B). The Special Civil Suit No.01/2020 pending before court of Principal Sr.Civil Judge at Patan may transferred from the court of Principal Sr.Civil Judge at Patan to the Principal Sr.Civil Judge at Kheralu, Dist. : Mahesana."

Heard Mr.R.G.Chaudhary, learned advocate for the applicant and Mr.Shivam Dixit, learned A.G.P. for the respondent no.1.

Mr.R.G.Chaudhary, learned advocate for the applicant submits that the applicant is the senior citizen and suffering from heart disease.

C/MCA/326/2021 ORDER DATED: 29/06/2021

He submits that the applicant has instituted Special Civil Suit No.1 of 2020 in the Court of the learned Principal Senior Civil Judge, Patan for declaration and permanent injunction claiming damages and compensation to recover Rs.6,00,000,00/- (Rupees Six Crores). He further submits that the applicant is the permanent resident of Village Mandali, Taluka - Kheralu, District - Mehsana. According to his submission, the distance between Kheralu and Patan is 55 kilometers and thereby, comparative hardship would be caused to him for attending the proceedings of the suit on every date. He, therefore, submits that the present application requires consideration.

In support of his submissions, he has relied upon the decision of the Hon'ble Supreme Court in the case of Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap reported in 2016 (0) AIJEL-SC 58818 and the decisions of this Court in the case of Pradipkumar Karunashanker Joshi Vs. Jashwantiben Jayashanker Joshi and others reported in 1991 (2) G.L.H. 447 and in the case of Shilpa D/o Kanaiyalal Dave And W/o Sunil Maheshwari Vs. Sunil Kishan Maheshwari reported in 2010 (0) GLHEL-HC 227766.

       It         emerges            from              the          arguments                 of
Mr.R.G.Chaudhary,                   learned             advocate               for          the





      C/MCA/326/2021                                   ORDER DATED: 29/06/2021

applicant that the distance between Kheralu and Patan is around 55 kilometers. In my considered view, in these days of fast transportation, the distance of 55 kilometers is no distance. The proceedings instituted by the applicant are civil proceedings and on every date of hearing, the presence of the applicant is not required in the Court of the learned Principal Senior Civil Judge, Patan. I am, therefore, of the opinion that no comparative hardship is likely to be caused to the applicant.

Reliance placed on the decisions of the Hon'ble Supreme Court as well as this Court is misplaced and they are not applicable to the facts of the case on hand. All these three judgments are in respect of matrimonial disputes between the parties and the Court, considering comparative hardship likely to be caused to the wife, has transferred the proceedings under Section 24 of the Code from one Court to another Court.

In view of the above, I am of the opinion that the present application lacks merits and deserves to be dismissed at the threshold and is dismissed accordingly.

(A.G.URAIZEE, J) MOHMMEDSHAHID