Satishbhai Dahyabhai Patel vs Kshatriya Hitkarini Sabha ...
2022 Latest Caselaw 8459 Guj

       C/MCA/910/2022                              ORDER DATED: 26/09/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/MISC. CIVIL APPLICATION NO. 910 of 2022
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               SATISHBHAI DAHYABHAI PATEL
                            Versus
         KSHATRIYA HITKARINI SABHA HIMMATNAGAR
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Appearance:
MR NM KAPADIA(394) for the Applicant(s) No. 1
MS VASVI N KAPADIA(6079) for the Applicant(s) No. 1
for the Opponent(s) No. 1,2,3,4,5,6
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                          Date : 26/09/2022

                             ORAL ORDER

This application is filed under Section 24 of the Code of Civil Procedure, 1908 praying for transferring Regular Civil Appeal No.3 of 2013 pending in the Court of Additional District Judge, Sabarkantha to this Court where from one of the suit determined by the common judgment and order, being First Appeal No.564 of 2013, between the same party is pending. Since the First Appeal before this Court as also Regular Civil Appeal before the District Court were filed in the year 2013, it would be most appropriate for the applicant to request the appellate Court here to get that Appeal pending in the District Court, which is determined by common judgment and award, to this Court instead of exercising powers under Section 24 of the Code of Civil Procedure, 1908. Hence, this application is rejected.

(UMESH A. TRIVEDI, J.) siji