THAKKER LEELABEN JAGJIVANDAS Vs. THAKKER SHANTABEN JAGJIVANDAS

JUDGEMENT

(1.) Rule. The learned Advocate Mr. Vaghela for respondent no. 1 waives service of Rule on behalf of respondent no. 1. The learned Advocate Mr. Bhatt for the petitioners states before the Court that the other respondents are formal parties.

(2.) The petitioners - original plaintiff nos. 1 and 2 are before this Court being aggrieved by an order passed below exh. 1 in Misc. Civil Application No. 18 of 2009 dated 15th July 2009, whereby, the learned Principal District Judge, Patan was pleased to allow the application and withdraw Regular Civil Suit No. 102 of 2008 and from the Principal Civil Court, Radhanpur and transfer to the Court of 5th Senior Civil Judge (SD), Patan.

(3.) When the matter is called out for hearing, the learned Advocate for the petitioners submitted that, as the learned Judge at Radhanpur is already transferred, the grievance of the applicant of Misc. Civil Application No. 18 of 2009 does not survive and that being so, it will be in the interest of justice if the order passed by the learned Principal District Judge, Patan is quashed, so as to see that the suit remains at Radhanpur and parties have not to go to Patan for conducting the same.