Gujarat High Court
Sabera Begum D/O Badarali Tirmizi And ... vs Heirs Of Decd. Muzaffarali Badarali ... on 15 October, 2025
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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;
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C/SCA/19946/2019 ORDER DATED: 15/10/2025
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(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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C/SCA/19946/2019 ORDER DATED: 15/10/2025
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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
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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
