NADODA PARMABHAI AJUBHAIversusNADODA HANSABEN D/O PARMABHAI W/O LALABHAI MOHANBHAI
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- C DOSHI
Holding
The appeal is transferred to the jurisdiction of the District Court, Patan, and disposed of by this Court without addressing the merits.
Summary
The appellant and respondent jointly requested the High Court to transfer the first appeal concerning a claim of Rs.15,57,000 to the District Court, Patan. The Court considered Section 30(3) of the Gujarat Civil Court Act, 2005, which empowers it to list the appeal before the appropriate district court when that court holds jurisdiction. Accordingly, the High Court ordered the appeal to be transferred to the District Court, Patan, with all interim orders remaining in force. The order directed the registry to forward the complete case file and instructed the District Court to decide the matter within six months of receipt. The High Court clarified that it had not examined the merits of the dispute.
Issues considered
- Whether the first appeal should be transferred to the District Court, Patan under Section 30(3) of the Gujarat Civil Court Act, 2005.
Subjects
Judgment
C/FA/1682/2019 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1682 of 2019
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NADODA PARMABHAI AJUBHAI & ANR.
Versus
NADODA HANSABEN D/O PARMABHAI W/O LALABHAI MOHANBHAI &
ANR.
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Appearance:
MR. NISHIT P GANDHI(6946) for the Appellant(s) No. 1,2
MR. R.D.KINARIWALA(6146) for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 17/08/2026
ORDER
1. On joint request of learned Advocates for both the sides
and considering Section 30(3) of the Gujarat Civil Court Act,
2005, the first appeal was required to be listed before the learned
District Court, Patan, as at the relevant time, the learned District
Court, Patan was holding the jurisdiction to decide the first
appeal in claim for jurisdiction of Rs.15,57,000/-.
2. The present appeal, therefore, stands transferred to the
jurisdiction of the learned District Court, Patan with all interim
orders continued and accordingly, the appeal is disposed of from
the jurisdiction of this Court.
3. The Registry of this Court is directed to transfer the entire
papers of the first appeal to the learned District Court, Patan, as
early as possible along with record and proceeding and shall
keep the photo-copy of the appeal papers.
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C/FA/1682/2019 ORDER DATED: 17/08/2026
4. The learned District Court, Patan is directed to decide the
matter as early as possible, preferably within 6 months from the
receipt of this order.
5. It is clarified that this Court has not entered into the
merits of the case.
(J. C. DOSHI,J)
PARMAR KRISH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/08/2026 16:05:12
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