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2014 Supreme(SC) 1296
SUPREME COURT OF INDIA
H.L. Dattu, S.A. Bobde, JJ.
Ms. Richa Viral Pandit - Petitioner
Versus
Mr. Viral Paxiraj Pandit - Respondent
Transfer Petition (Civil) NO. 107 Of 2014
Decided On : 30-06-2014
Advocate Appeared:
For the Petitioner:Mr. Bijay Kumar, Advocate, K.S. Kashyap, Advocate and Aniruddha p. Mayee, Advocate.
For the Respondent:Mr. Shamik Sanjanwala, Advocate, Kailash Pandey, Advocate and K.V. Sreekumar, Advocate.
The central legal point established in the judgment is the court's authority to allow the transfer of a case from one court to another under Section 25 of the Code of Civil Procedure.
Headnote:
Transfer Petition - Civil Procedure - The court allowed the transfer petition under Section 25 of the Code of Civil Procedure, transferring a case from one court to another based on the grounds urged in the transfer petition.
Fact of the Case:
The Transfer Petition was filed under Section 25 of the Code of Civil Procedure for the transfer of a case pending in the Court of learned Civil Judge (Senior Division) at Vapi (Gujarat) to the Family Court, Nainital (Uttarakhand).
Finding of the Court:
The court found it appropriate to allow the Transfer Petition based on the facts and circumstances of the case and the grounds urged in the transfer petition. The court ordered the transfer of the case to the Family Court, Nainital (Uttarakhand) with directions for expeditious disposal.
Issues: The main issue was the transfer of the case from one court to another under Section 25 of the Code of Civil Procedure.
Ratio Decidendi: The court's decision was influenced by the grounds urged in the transfer petition and the need for expeditious disposal of the matter.
Final Decision: The Transfer Petition was allowed, and the case was ordered to be transferred to the Family Court, Nainital (Uttarakhand) for expeditious disposal.
ORDER :
1. This Transfer Petition is filed under Section 25 of the Code of Civil Procedure for transfer of H.M.P. NO. 64 of 2013 titled as Viral Paxiraj Pandit v. Richa Viral Pandit pending in the Court of learned Civil Judge (Senior Division) at Vapi (Gujarat) to the Family Court, Nainital (Uttarakhand).
2. We have heard learned counsel for the parties to the lis.
3. In the facts and circumstances of the case and keeping in view the grounds urged in the transfer petition, we deem it appropriate to allow this Transfer Petition.
4. Accordingly, we order for transfer of H.M.P. NO. 64 of 2013 titled as "Viral Paxiraj Pandit v. Richa Viral Pandit pending in the Court of learned Civil Judge (Senior Division) at Vapi (Gujarat) to the Family Court, Nainital (Uttarakhand). We direct the Family Court, Nainital (Uttarakhand) to dispose of the matter as expeditiously as possible.
5. The Transfer Petition is allowed accordingly.
Ordered accordingly.
