MEHTABA PRATAPSINH UDESINH SISODIYA Vs. DINESHKUMAR PRATAPSINH SISODIYA

JUDGEMENT

(1.) By way of present application the applicants herein have prayed for the following reliefs :-

(2.) Ms. Krupa P. Soni, the learned advocate appearing for the applicants herein has submitted that the suit was instituted at Punasan Village in the Bhiloda Taluka and which had jurisdiction to entertain the suit in Bhiloda. Ms. Krupa P. Soni, the learned advocate appearing for the applicants herein has submitted that the State Government published one Notification dtd. 15/8/2013, whereby it is stated that the villages specified in the schedule annexed to the notification which form part of Bhiloda, District Aravalli excludes from the said district and now it is included in the Himmatnagar, District Sabarkantha. Placing reliance on the same, it was submitted that the village Punasan of Taluka Bhiloda, District Arvalli is included in the Himmatnagar, District Sabarkantha as per the said notification and that in view of above, the prayers as prayed for by the learned advocate appearing for the applicants be granted.

(3.) Ms. Ketki P. Jha, the learned advocate appearing for the respondents has filed an affidavit-in- reply and has placed on record a copy of the order dtd. 8/12/2016 passed in Misc. Civil Application (For Transfer) No.3504 of 2016. It appears that the respondent herein had preferred an application seeking the same reliefs by filing the aforesaid Misc. Civil Application. Ms. Ketki P. Jha, the learned advocate appearing for the respondents submitted that the respondent No.1 had approached this Court praying for the same reliefs i.e. for transfer of impugned suit i.e. Regular Civil Suit No.38 of 2006 from the Court of learned Principal Civil Judge, Bhiloda to learned Principal Civil Judge, Himmatnagar. The said application as stated above came to be rejected, while rejecting the said application, the Co-ordinate Bench passed the following order dtd. 08/12/2016, which reads thus :-