MAHADEVPURI GOSWAMI Vs. AMRUTPURI CHANCHALPURI GOSWAMI

JUDGEMENT

(1.) Rule. Mr. Narendra Chauhan, learned advocate waives service of Rule on behalf of the respondent No. 1 in all the applications, learned advocate Mr. B.A. Khandhar for Mr. Vivek V. Bhamare, learned advocate waives service of Rule on behalf of the respondent No. 2 in Misc. Civil Application No. 827 of 2018, and Mr. Rashesh H. Parikh, learned advocate waives service of Rule on behalf of the respondent No. 2 in Misc. Civil Application No. 829 of 2018.

(2.) Out of the five applications, four applications have been filed by the applicant Gangaben (Gita) who happens to be the wife of respondent No. 1 - Amrutpuri Chanchalpuri Goswami, and one application has been filed by the applicant Dashrathpuri Shivpuri (Ishwarpuri) Goswami, who happens to be an Advocate appearing for the applicant Gangaben in all the proceedings before the court below. The applications have been filed by the applicants seeking transfer of all the civil suits filed by the respondent Amrutpuri Goswami and his brother Balwantpuri Goswami from the Court of Civil Judge Junior Division, Mansa to the Court of Civil Judge, Mehsana.

(3.) It appears that the respondent Amrutpuri Chanchalpuri Goswami, the husband of the applicant Gangaben had filed four suits against the applicant i.e. his wife and others, seeking compensation for defaming him alleging inter alia that the respondent Amrutpuri Goswami was falsely implicated in the criminal case registered as I-C.R. No. 395 of 2006 for the offence under Section 498-A, 323 of IPC, and also in another case registered as I-C.R. No. 120 of 2007 for the offence under Sections 366 and 114 of IPC. It was alleged by the respondents Amrutpuri and his brother Balwantpuri (original plaintiffs in the suit) that the police having come to their house on the complaints filed by the applicants (original defendants in the suits) and having arrested Amrutpuri, had brought disrepute in the society, and therefore, the suits for defamation were filed seeking compensation.