UDAY AUTOLINK PVT. LTD. THROUGH ITS DIRECTOR SHRI UDAYBHAI DINESHCHANDRA BHATT Vs. MARHUM GOVINDJI BECHARJI THAKOR

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of challenging the legality and validity of an order dated 1.1.2019 passed below Exh.1 in Special Civil Suit No.240 of 2016 by the learned Principal Senior Civil Judge, Ahmedabad (Rural).

(2.) The background of the facts of present case is that the petitioner - original plaintiff had instituted a Special Civil suit No.240/2016 against the present respondent - defendant for seeking a decree of specific performance as well as declaration and seeking cancellation of sale deed and consequently for permanent injunction. The original defendant after receiving the summons from the trial Court had illegally transferred the suit property to defendant no.4 one Hitesh Indubhai Bharwad and though defendants were served with the summons, nobody had filed their respective Written Statement opposing the suit. On account of such, the trial Court passed an order to decide the exparte against respondent no.4 (New purchaser) and at the stage of hearing of interim injunction, surprisingly, in suomotu exercise of jurisdiction though not available, the learned trial Judge came to the conclusion that dispute arising in the suit proceedings is a commercial dispute and as such, has passed an order on 1.1.2019 ordering the suit to be transferred to the Commercial Court and it is this order which is made the subject matter of present petition under Articles 226 and 227 of the Constitution of India.

(3.) The Court on 23.1.2019 was pleased to issue notice for final disposal, returnable on 30.1.2019 and with this background, the present petition has come up for consideration before this Court.